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Bang v. McAvoy

63 N.Y.S. 1104 Court N.Y. App. Term Decision date 1900-03-05 English

Contents

Majority

p. 1104
BANG v. McAVOY.
(Supreme Court, Appellate Term.
March 5, 1900.)

Headnote

Action by Richard T. Bang against Richard McAvoy. The appellate term reversed a judgment in favor of plaintiff ( 61 N. Y. Supp. 83 ), and plaintiff moves for leave to appeal to the appellate division. Granted.

Motion for leave to appeal to the appellate division granted, on condition that no other question shall be raised on such appeal except the question whether the record in the municipal court in an action for the- recovery of money only must "show that the defendant resided within the jurisdiction of the municipal court, and whether the failure of the record to disclose such residence is a jurisdictional defect, calling for the reversal of the judgment on appeal, although the defendant did not raise the objection at the trial.