# Egan v. Board of Education of the City of New York

> New York Supreme Court · July 15, 1910 · 68 Misc. 347

URL: https://www.frixlaw.com/law-library/cases/5412741

## Case

- **Full name:** James J. Egan v. The Board of Education of the City of New York
- **Court:** New York Supreme Court
- **Decided:** July 15, 1910
- **Citations:** 68 Misc. 347
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5412741

## Opinion text

Per Curiam.
The attorneys for the respective parties herein, after issue was joined by the filing of verified pleadings, signed a stipulation embodying a so-called “ statement of facts ” and submitted the case thus made to the court below* for decision, and from a judgment rendered in favor of the plaintiff the defendant appeals.
The court below was wholly without jurisdiction to render judgment under such circumstances. Section 241 of the Municipal Court Act provides for a submission of a controversy upon an agreed statement of facts; but such statement must be accompanied by an affidavit of one or more of the parties showing that such controversy is a real one, and no such affidavit is furnished in the case at bar. Lax v. Fourteenth Street Store, 49 Misc. Rep. 627 ; Weinstein v. Douglas, 51 id. 559; Neustaedter v. Weiner, 108 N. Y. Supp. 650 .
Present: Seabury, Guv and Bijur, JJ.
Judgment reversed, without costs, and new trial ordered.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5412741. Public record. Not legal advice.