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" Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction,... "
The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ... - Page 597
by Nebraska, Guy Ashton Brown - 1881 - 806 pages
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 166

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897 - 790 pages
...without action, state the question and the facts upon which it depends, and present a submission thereof to any court which would have jurisdiction, if an...the controversy is real, and the proceedings in good Statement of the Case. faith, to determine the rights of the parties. The court shall, thereupon, hear...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 166

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897 - 792 pages
...appear by affidavit that the controversy is real, and. the proceedings in good Statement of the Case. faith, to determine the rights of the parties. The...render judgment as if an action were pending. " SEC. 638. The case, the submission and the judgment sh,ill constitute the record. " SEC. 639. The judgment...
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Message from the President of the United States, Transmitting the Report of ...

United States. Hawaiian commission - 1898 - 736 pages
...present a submission of the same to the justices of the supreme court either in term time or in vacation; but it must appear by affidavit that the controversy...good faith to determine the rights of the parties: Provided, however, That the justices of the supreme court may, in their discretion, require the case...
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Laws of the Republic of Hawaii Passed by the Legislature

Hawaii - 1898 - 230 pages
...present a submission of the same to the Justices of the Supreme Court either in term time or in vacation; but it must appear by affidavit that the controversy...good faith to determine the rights of the parties. Provided, however, that the Justices of the Supreme Court may in their discretion require the case...
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The South Western Reporter, Volume 43

1898 - 1206 pages
...said law does not apply to him, and, if it does, same Is unconstitutional. S. H. Stone says that this controversy Is real, and the proceedings in good faith, to determine the rights of the parties, all of which is submitted for judgment." The Franklin circuit court rendered the following judgment:...
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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., Volume 3

Morris March Estee - 1898 - 1142 pages
...civil action may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if au action had been brought; but it must appear, by affidavit, that the controversy is real, and the...
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Revised Penal Code and Code of Criminal Procedure, and Penal Laws: Passed by ...

Texas - 1901 - 1776 pages
...jurisdiction of such cause, upon an agreed statement of facts, to be made out and signed by the parties; but it must appear by affidavit that the controversy...good faith, to determine the rights of the parties; whereupon the Court shall proceed to try the same, and render judgment as in other cases. (386.) L...
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The Revised Statutes of the State of Indiana ..., Volume 1, Parts 1-55

Indiana - 1901 - 1792 pages
...jurisdiction of such cause, upon an agreed statement of facts, to be made out and signed by the parties; but it must appear by affidavit that the controversy...good faith, to determine the rights of the parties; whereupon the Court shall proceed to try the same, and render judgment as in other cases. (386.) 1....
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Civil and Criminal Codes of Practice of Kentucky, and Amendments Enacted ...

Kentucky - 1902 - 1282 pages
...court has no jurisdiction to hear and decide an agreed case, unless there be an affidavit filed stating that " the controversy is real, and the proceedings...good faith to determine the rights of the parties" (18 B. Af., 656), if the agreed case contain the facts upon which the controversy depends (7 Bush,...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California - 1903 - 1094 pages
...action, may, without action, agree upon a case containing the facts upon which the controversy depeuds, and present a submission of the same to any court...to determine the rights of the parties. The court must thereupon Lear and determine the case, and render judgment thereon, as if an action were depending....
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