Hyperlawhypertext legal database McCorkle v. Ellis 72 N.Y.S. 1117

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McCorkle v. Ellis

72 N.Y.S. 1117 Court N.Y. App. Term English

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p. 1117
McCORKLE, Respondent, v. ELLIS, Appellant.
(Supreme Court, Appellate Term.
June, 1901.)

Headnote

Action by Henry H. McCorkle against William H. Ellis.
William O. Prime, for appellant. Henry H. McCorkle, pro se.

The record offered in evidence was not exemplified as required by Rev. St. U. S. § 905. Neither can the transcript of the justice, with the certificate of the county clerk attached, be availed of, as Texas is not an adjoining state. Code Civ. Proc. § 948; Bent v. Glaenzer, 17 Misc. Rep. 569 , 40 N. Y. Supp. 657 . The only other method of proving the jurisdictional fact is by common-law proof. Judgment reversed, and new trial ordered, with costs to abide event.

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