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Hitt v. Simon

63 N.Y.S. 467 Court N.Y. App. Term Decision date 1900-03-05 English

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p. 467
HITT v. SIMON et al.
(Supreme Court, Appellate Term.
March 5, 1900.)

Headnote

New York Municipal Court — Record—Residence of Defendants — Jurisdiction — Appeal—Reversal.
Where the record fails to show the residence of the defendants, a judgment of the New York City municipal court will be reversed on appeal, since it is a court of limited jurisdiction.
Appeal from municipal court, borough of Manhattan, Tenth district.
•Action by Adrian Hitt against Samuel Simon and others. From a judgment in favor of plaintiff, defendants appeal.
Reversed.
Argued before TRUAX, P. J., and DUGRO and SCOTT, JJ.
Nathan Bijur, for appellants.
Denis O’Sullivan, for respondent.

The record fails to disclose the residence of the defendants. The 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.