Majority
p. 617(50 Misc. Rep. 631) STEWART v. NEW YORK CITY RY. CO. et al. (Supreme Court, Appellate Term. April 24, 1906.) Argued before SCOTT, P. J., and TRUAX and BISCHOFF, JJ.
Headnote
Courts — Time for Rendition of Judgment — Jurisdiction.Where at the close of a trial in the Municipal Court it was stipulated that briefs were to be submitted by January 15th, and that the time for decision should ruu from January 15th, the court was without jurisdiction to render judgment on January 31st.
Appeal from Municipal Court, Borough of Manhattan, Tenth District.
Action by James E. Stewart against the New York City Railway Company and another. From a judgment of the Municipal Court of the city of New York in favor of plaintiff; defendant the New York City Railway Company appeals.
Reversed, with costs.
William E. Weaver, for appellant.
Frank A. Acer, for respondent.
At the close of the case it was stipulated upon the. record that briefs were to be submitted by January 15, 1906, “and the court’s time for decision to begin to run from that date.” The judg-’ ment should therefore have been rendered on or before January 29, 1906. It was not rendered until January 31, 1906. The court therefore lost jurisdiction of the cause, and the judgment must be reversed. Moscowitz v. N. Y. City Ry. Co. (Sup.) 9. 1 N. Y. Supp. 352 ; A. M. Eisenberg Co. v. Janzlik (Sup.) 92 N. Y. Supp. 247 .
Judgment reversed, with costs.