Bernard v. Lembeck & Betz Eagle Brewing Co.

Appellate Terms of the Supreme Court of New York

Bernard v. Lembeck & Betz Eagle Brewing Co.

104 N.Y.S. 746

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 6, 1907

StatusPublished

This text of 104 N.Y.S. 746 (Bernard v. Lembeck & Betz Eagle Brewing Co.) 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

Bernard v. Lembeck & Betz Eagle Brewing Co., 104 N.Y.S. 746 (N.Y. Ct. App. 1907).

Pincite

Opinion

PER CURIAM.

The record is barren of evidence to support the judgment. Appellant corporation was not served, and the court was without jurisdiction in so far as it was concerned. The attempt of plaintiff (respondent) to deprive defendant (appellant) of its right of appeal by the questionable methods set forth in his brief cannot be considered, as we are limited to the record disclosed by the return.

Judgment as appealed from reversed, with costs to appellant.

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PER CURIAM.

The record is barren of evidence to support the judgment. Appellant corporation was not served, and the court was without jurisdiction in so far as it was concerned. The attempt of plaintiff (respondent) to deprive defendant (appellant) of its right of appeal by the questionable methods set forth in his brief cannot be considered, as we are limited to the record disclosed by the return.

Judgment as appealed from reversed, with costs to appellant.

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Bluebook (online)

104 N.Y.S. 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernard-v-lembeck-betz-eagle-brewing-co-nyappterm-1907.