
    Jennie E. Wood, Adm’rx, Pl’ff, v. Robert M. Nesbit, Def't.
    
    
      (Supreme Court, General Term, First Department,
    
    
      Filed June 3, 1892.)
    
    Submission of controversy—Irregularity,
    A submission of controversy in which the statement and briefs of both sides are drawn by the same attorney is not of the independent character re- ■ quired by the Code, and the court will refuse to entertain the same.
    Motion to dismiss a submission of controversy and set aside the decision heretofore rendered thereon.
    On this motion it was made to appear that an attorney named B. E. Valentine prepared not only the statement of facts, but also the briefs for the respective parties.
    
      Davies, Short & Townsend, for motion; Magner & Hughes, opposed.
    
      
       Withdrawing 42 St. Rep., 778.
    
   Per Curiam.

—Upon examination of the voluminous affidavits submitted upon this motion, not one-tenth part of which had any relevancy to the question involved, we have concluded that Mr. Valentine was in fact the counsel for both parties, that the controversy was not of that independent character which the Code contemplates ; we think therefore that the motion should be granted, without costs.

[On this opinion an order was entered vacating the former decision and dismissing the submission, and álso recalling the opinion of the court reported in 42 St. Rep., 778. Ed.]  