Rose v. Brady

Appellate Terms of the Supreme Court of New York

Decided June 15, 1900

Appellate Terms of the Supreme Court of New York · decided 1900-06-15

Appeal by the defendants from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of Hew York, ninth district, borough of Manhattan, after a trial had before the court without a jury.

Decided 1900-06-15

Per Curiam.

¶1It has been repeatedly held that all the facts necessary to confer jurisdiction upon an inferior court must appear in the record. The record contains no proof of the residence of the defendants, and, as this defect is one which may be asserted for the first time on appeal (Tyroler v. Gummersbach, 28 Misc. Rep. 151), the judgment must be reversed and a new trial ordered, but under the circumstances, without costs. Willis v. Parker, 30 Misc. Rep. 750; 62 N. Y. Supp. 1078.

¶2Present: Beekmaw, P. J., Giegebich and O’Gobmah, JJ.

¶3Judgment reversed and new trial ordered, without costs.