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30 Misc. 763

Wilson v. Hogan

Appellate Terms of the Supreme Court of New York · decided 1899-12-15

<p>Appeal by the defendant, Timothy Hogan, from a judgment in favor of the plaintiff, .rendered in the Municipal Court, sixth district, borough of Manhattan.</p>

Relies on Frees v. . Ford

Decided 1899-12-15

MacLean, J.

¶1As it does not appear upon the record that the defendant resided within the jurisdiction of the court below, the judgment must be reversed, even if a collocation of the evidence may establish the “ home ” of the defendant to have been “ Eighty-sixth street,” in whatever locality that may be, for that does not sufficiently establish residence within the jurisdiction. Frees v. Ford, 6 N. Y. 176; Gilbert v. York, 111 id. 544.

¶2Freedman, P. J., and Leventbitt, J., concur.

¶3Judgment reversed and new trial ordered, with costs to appellant to abide event.

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