Bang v. McAvoy

Appellate Terms of the Supreme Court of New York

Bang v. McAvoy

30 Misc. 786, 63 N.Y.S. 1104

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 15, 1900

StatusPublished

This text of 30 Misc. 786 (Bang v. McAvoy) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bang v. McAvoy, 30 Misc. 786, 63 N.Y.S. 1104 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

Motion for leave to appeal to the Appellate Division granted, on condition that no other question shall be raised on such appeal, except the question whether the record in the Municipal Court, in an action for the recovery of money only, must show that the defendant resides within the jurisdiction of the Municipal Court, and whether the failure of the record to disclose [787]*787such residence is a jurisdictional defect, calling for the reversal of the judgment on appeal, although the defendant did not raise the objection at the trial.

Present: Freedman, P. J.; MacLean and Leventritt, JJ.

Motion granted.

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Per Curiam.

Motion for leave to appeal to the Appellate Division granted, on condition that no other question shall be raised on such appeal, except the question whether the record in the Municipal Court, in an action for the recovery of money only, must show that the defendant resides within the jurisdiction of the Municipal Court, and whether the failure of the record to disclose [787]*787such residence is a jurisdictional defect, calling for the reversal of the judgment on appeal, although the defendant did not raise the objection at the trial.

Present: Freedman, P. J.; MacLean and Leventritt, JJ.

Motion granted.

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Bluebook (online)

30 Misc. 786, 63 N.Y.S. 1104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bang-v-mcavoy-nyappterm-1900.