4.52 - Agreed cases.

4.52.010 - Controversy may be submitted without action.

Parties to a question in difference which might be the subject of a civil action may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real, and the proceedings in good faith to determine the rights of the parties. The court shall thereupon hear and determine the case and render judgment thereon as if an action were pending.

[ Code 1881 § 298; 1877 p 61 § 302; 1869 p 73 § 300; RRS § 378; ]

4.52.020 - Judgment to be rendered as in other cases.

Judgment shall be entered in the judgment book as in other cases, but without costs for any proceedings prior to the trial. The case, the submission and a copy of the judgment shall constitute the judgment roll.

[ Code 1881 § 299; 1877 p 61 § 303; 1869 p 74 § 301; RRS § 379; ]

4.52.030 - Enforcement of judgment—Appeal.

The judgment may be enforced in the same manner as if it had been rendered in an action, and shall be in the same manner subject to appeal.

[ Code 1881 § 300; 1877 p 61 § 304; 1869 p 74 § 302; RRS § 380; ]


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