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Parkes v. Whitney Opera Co.

137 N.Y.S. 927 Court Argued October term, 1912, before SEABURY, GUY, and BI-JUR, JJ. Decision date 1912-11-08 English

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p. 927
PARKES v. WHITNEY OPERA CO.
(Supreme Court, Appellate Term, First Department.
November 8, 1912.)

Headnote

Couets (§ 190*)—Municipal Courts—Submission op Controversy on Agreed Statement op Facts—Affidavits.
Where the agreed statement of facts submitted to the Municipal Court contains no affidavit in accordance with the requirements of Municipal Court Act (Laws 1902, c. 580) § 241, that court has no jurisdiction to render a judgment.
[Ed. Note.—For other cases, see Courts, Dec. Dig. § 190.*]
*For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
Appeal from Municipal Court, Borough of Manhattan, Third District.
Action by Nellie Parlces against the Whitney Opera Company. From a judgment of the Municipal Court, rendered in favor of plaintiff, defendant appeals.
Reversed, and new trial ordered.
Argued October term, 1912, before SEABURY, GUY, and BI-JUR, JJ.
Maurice Meyer, of New York City (Arthur C. Kahn, of New York City, of counsel), for appellant.

The agreed statement of facts submitted to the lower court contained no affidavit in accordance with the requirements of section 241 of the Municipal Court Act, and therefore the court below had no jurisdiction to render a judgment. Herz v. Illinois Surety Co., 123 N. Y. Supp. 808 .

Judgment reversed, without costs, and a new trial ordered.