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FTB 9
R
a
February 8, 1928.
Bdwin F. Smith, Esq.,
Bdwards & Smith,
1 Exchange Place,
Jersey City, n. J.
Dear Mr. Smith,
AS I did not havo an opportunity this morning to
discuss the Vice Chancellor's suggestion with you, I am
taking the liberty of stating some views concerning it.
First: I understand that the Vioe Chancellor sug-
gests that we make what he calls an admission for the pur-
pose of testing jurisdiction of the facts which Mr. Berry
claims that he can prove, with the understanding that if he
decides that the court has jurisdiction the admission will
be entirely disrogarded.
I am not clear, however, as to the manner of
raising the jurisdictional question. If we have, as he
suggested, an agread statement of facts it would seem to me
that the hearing thereon would be a final hearing and that
on appeal the agreed statement of facts would be regarded as
the established facts of the case not only for the purpose
of determining the question of jurisdiction but also for the
purpose of any finel decree that the Appellate Court might
direct the Court of Chancery to enter.
At all events, I
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"ocrText": "FTB 9\nR\na\nFebruary 8, 1928.\nBdwin F. Smith, Esq.,\nBdwards & Smith,\n1 Exchange Place,\nJersey City, n. J.\nDear Mr. Smith,\nAS I did not havo an opportunity this morning to\ndiscuss the Vice Chancellor's suggestion with you, I am\ntaking the liberty of stating some views concerning it.\nFirst: I understand that the Vioe Chancellor sug-\ngests that we make what he calls an admission for the pur-\npose of testing jurisdiction of the facts which Mr. Berry\nclaims that he can prove, with the understanding that if he\ndecides that the court has jurisdiction the admission will\nbe entirely disrogarded.\nI am not clear, however, as to the manner of\nraising the jurisdictional question. If we have, as he\nsuggested, an agread statement of facts it would seem to me\nthat the hearing thereon would be a final hearing and that\non appeal the agreed statement of facts would be regarded as\nthe established facts of the case not only for the purpose\nof determining the question of jurisdiction but also for the\npurpose of any finel decree that the Appellate Court might\ndirect the Court of Chancery to enter.\nAt all events, I"
}