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Rankin v. Ginsberg

63 N.Y.S. 285 Court N.Y. App. Term Decision date 1900-03-05 English

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p. 285
RANKIN v. GINSBERG.
(Supreme Court, Appellate Term.
March 5, 1900.)

Headnote

Municipal Court op New York — Jurisdiction—-Appeal—Record.
Where the record in an appeal from the municipal court of the city of New York failed to disclose the jurisdictional fact that defendant resided in the county, the judgment will be reversed.
Appeal from municipal court, borough of Manhattan, Tenth district.
Action by William Bankin against Samuel Ginsberg. From a judgment for plaintiff, defendant appeals.
Reversed.
Argued before TRUAX, P. J., and DUGRO and SCOTT, JJ.
Henry Kuntz, for appellant.
Quackenbush & Wise, for respondent.

The record fails to disclose the residence of the defendant. Thé judgment is therefore reversed, and a new trial ordered in the municipal court in the district in which the action was brought, without costs. See Tyroler v. Gummersbach, 28 Misc. Rep. 151 , 59 N. Y. Supp. 266 , 319.