30 Misc. 780
Appellate Terms of the Supreme Court of New York
Decided February 15, 1900
Appellate Terms of the Supreme Court of New York · decided 1900-02-15
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court, first district, borough of Manhattan.
Relies on Frees v. . Ford
Decided 1900-02-15
¶1The jurisdiction of the court below appearing neither by averment nor by evidence in the return, the judgment must be reversed. Frees v. Ford, 6 N. Y. 176; Gilbert v. York, 111 id. 544.
¶2Present: Freedman, P. J., and MacLean, J.
¶3Judgment reversed and new trial ordered, with costs to appellant to abide event.