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Marshall v. Hayward

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1901
67 App. Div. 137 (N.Y. App. Div. 1901)

Opinion

December Term, 1901.

William A. Walsh and Gustav R. Hamburger, for the plaintiff.

Frank M. Buck, for the defendant.

Present — GOODRICH, P.J., BARTLETT, HIRSCHBERG, JENKS and SEWELL, JJ.


This purports to be a controversy submitted pursuant to section 1279 et seq. of the Code of Civil Procedure. We are asked for our opinion upon three formulated questions, but we are not authorized to direct judgment upon the determination of them. Until the parties stipulate that a judgment may be directed herein and also what the nature of the judgment shall be, in view of the contentions of the respective parties, we cannot exercise any jurisdiction in the matter.


Proceedings dismissed, without costs.


Summaries of

Marshall v. Hayward

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1901
67 App. Div. 137 (N.Y. App. Div. 1901)
Case details for

Marshall v. Hayward

Case Details

Full title:WILLIAM J. MARSHALL, Plaintiff, v . EDWARD T. HAYWARD, Defendant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1901

Citations

67 App. Div. 137 (N.Y. App. Div. 1901)
73 N.Y.S. 592

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