Chicago and Eastern Illinois Railroad Company, a Corporation, Plaintiff, v. Central Trust Company of New York, a Corporation, Defendant

Chicago and Eastern Illinois Railroad Company, a Corporation, Plaintiff, v. Central Trust Company of New York, a Corporation, Defendant. Submission of a controversy— a provision that the admissions are to be regarded as made only for the purpose of such controversy is not authorized. Admissions contained in a case submitted upon an agreed statement of facts, under section 1379 of the Code of Civil Procedure, necessarily have all the effect of admissions contained in pleadings and in a judgment rendered thereon, and a provision in such a submission that none of the admissions therein contained “are in any wise to affect either party, or to he regarded as made except-for the purpose of this controversy upon the foregoing statement,” is not permitted, and the submission containing it will he dismissed. Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. W. H. Lyford, for the plaintiff. Adrian H. Joline, for the defendant. [MAJORITY — Per Curiam :] Per Curiam : The submission in this case must be dismissed. The provision contained in the submission, that “ none of the admissions herein contained are in any wise to affect either party, or to be regarded as made except for the purpose of this controversy upon the foregoing statement,” is not permissible under the Code. A submission upon an agreed state of facts becomes an action, and admissions contained in" the case must necessarily have all the effect which admissions contained in pleadings and a judgment thereon could possibly have. The proceedings should be dismissed. Present — Patterson, O’Brien, Ingraham and McLaughlin, LL Proceedings dismissed.