California § 1138. 1138. (Enacted 1872.)

California Statutes

§ 1138. — 1138. (Enacted 1872.)

California·Code CCP Code of Civil Procedure - CCP·Title 3.·Part 3. TITLE 3. OF SUMMARY PROCEEDINGS·Ch. 2. CHAPTER 2. Submitting a Controversy 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 must thereupon hear and determine the case, and render judgment thereon, as if an action were depending.

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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 must thereupon hear and determine the case, and render judgment thereon, as if an action were depending.

California § 1138. (1138. (Enacted 1872.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Enacted 1872.

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