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Jankelson v. Ruff

60 N.Y.S. 1140 Court N.Y. App. Term Decision date 1899-10-25 English

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p. 1140
JANKELSON, Respondent, v. RUFF, Appellant.
(Supreme Court, Appellate Term.
October 25, 1899.)

Headnote

Action by Samuel Jankelson against August Ruff. From a judgment for plaintiff, defendant appeals.
Reversed, and new trial ordered.
Peter Cook, for appellant.
Leopold W. Harburger, for respondent.

The record is silent as to the residence of the defendant. In the absence of proof of the jurisdictional fact that he resided within the county of New York, the judgment must be reversed. Tyroler v. Gummersbach, 28 Misc. Rep. 151 , 59 N. Y. Supp. 266 , 319. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.