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Currier v. Roseff

61 N.Y.S. 838 Court N.Y. App. Term Decision date 1899-12-28 English

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p. 838
CURRIER v. ROSEFF.
(Supreme Court, Appellate Term.
December 28, 1899.)

Headnote

Appeal and Error—Record—Sufficiency—Jurisdiction.
A judgment of the municipal court in favor of plaintiff will be reversed' when the record does not show that defendant resides within the territorial jurisdiction of the triál court, and the defendant attacks the judgment on that ground.
Appeal from municipal court, borough of Manhattan, First district.
Action by Alfred H. Currier against Samuel Roseff. From a judgment in favor of plaintiff, defendant appeals. Reversed.
Argued before FREEDMAN, P. J., and MacLEAN and LEVENTRITT, JJ.
Charles Cohn, for appellant.
John Callahan, for respondent.

It nowhere appearing in the record that the defendant is a resident within the jurisdiction of the trial court, and the judgment having been attacked upon that ground, it must - be reversed.

Judgment reversed, new trial ordered, with costs to the appellant to abide the event.