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

Appellate Terms of the Supreme Court of New York·Decided June 6, 1907·Published

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.

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

Pincite

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