William J. Marshall, Plaintiff, v. Edward T. Hayward, Defendant

William J. Marshall, Plaintiff, v. Edward T. Hayward, Defendant. Submission of a controversy—requisites of, as to the judgment to be entered, thereon. The Appellate Division cannot exercise any jurisdiction over a controversy submitted pérsuañt to section 1279 of the Code of Civil Procedure, in which it is asked for its opinion upon three formulated questions, until the parties stipulate that a judgment may be directed in accordance with its determination and also what the nature of such judgment shall be. Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. William A. Walsh and Gustav R. Hamburger, for the plaintiff.. Frank M. Buck, for the defendant. [MAJORITY — Per Curiam :] Per Curiam : 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. Present — Goodrich, P. J., Bartlett, Hirschberg, Jerks and Sewell, JJ. Proceedings dismissed, without costs.