
    Sadie M. Begen, Plaintiff, v. Sarah Louise Curtis and Others, Defendants.
    
      Submission of a controversy—it must state that it contains a statement of the facts agreed upon.
    
    A record purporting to be a submission of a controversy on an agreed statement of facts pursuant to section 1379 of the Code of Civil Procedure, which does not contain a stipulation between the parties that the papers constitute a case containing a statement of the facts which have been agreed upon, is fatally defective.
    The defect is not cured by a memorandum opposite the title, to the effect that the record is a case agreed upon in a controversy submitted without action pursuant to the Code of Civil Procedure.
    Submission of a controversy upon an agreed statement of facts, ■pursuant to section 1279 of the Code of Civil Procedure.
    
      Edwin L. Ford, for the plaintiff.
    
      I. M. Pettus, for the defendants.
   Per Curiam :

The proposed submission in this case contains no agreement as to the facts which are admitted and form the subject of the alleged submission. Opposite the title there is a memorandum to the effect that it is a case agreed upon in a controversy submitted without action, pursuant to the Code of Civil Procedure.- That does not form any part of the submission, but is merely descriptive.

And, furthermore, it is not stated that the case agreed upon contains a statement of the facts as required by the Code (§ 1219). There is no stipulation whatever between the parties that the papers constitute a case containing a statement of the facts which has been agreed upon.

The submission must, therefore, be dismissed, with leave to file a new. submission.

Present — Tan Brunt, P. J., C’Brien, Ingraham, McLaughlin and Laughlin, JJ.

Submission dismissed, with leave to file new .submission.  