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Sophian v. Henig

64 N.Y.S. 8 Court N.Y. App. Term Decision date 1900-04-16 English

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p. 8
SOPHIAN v. HENIG.
(Supreme Court, Appellate Term.
April 16, 1900.)

Headnote

Municipal Court—Jurisdiction—Record.
In an action in municipal court of New York City, the jurisdictional fact that the defendant is a resident of the city must appear in the record.
Appeal from municipal court, borough of Manhattan, Fifth district.
Action by Morris Sophian against Michael Henig. From a judgment for plaintiff, defendant appeals.
Reversed.
Argued before BEEKMAN, P. J., and GIEGEEICH and O’GORMAN, JJ.
Rosenthal & Rosenthal, for appellant.
S. Horkimer, for respondent.

As the record does not show that the defendant was a resident of the city of New York, the jurisdictional facts do not appear, and the judgment must accordingly be reversed. Willis v. Parker (Sup.; March 5, 1900) 62 N. Y. Supp. 1078 .

Judgment reversed, and new trial ordered, without costs.