Herz v. Illinois Surety Co.

Appellate Terms of the Supreme Court of New York

Herz v. Illinois Surety Co.

123 N.Y.S. 808

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 24, 1910

StatusPublished

Cited by2 cases

This text of 123 N.Y.S. 808 (Herz v. Illinois Surety 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

Herz v. Illinois Surety Co., 123 N.Y.S. 808 (N.Y. Ct. App. 1910).

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Opinion

PER CURIAM.

This judgment purports to have been rendered upon an agreed statement of facts submitted to the lower court. The only provision for the submission of a controversy upon an agreed statement of facts in the Municipal Court is contained in section 241 of the Municipal Court act (Acts 1902, c. 580). That section requires that such statement must be accompanied with the affidavit of one or more of the parties thereto to the effect that the controversy is real and the submission made in good faith, for the purpose of determining the rights of the parties; and this court has held that without such an affidavit the court below has no jurisdiction to render a judgment. Neustaedter v. Weiner, 57 Misc. Rep. 643, 108 N. Y. Supp. [809]*809650; Lax v. Fourteenth Street Store, 49 Misc. Rep. 627, 97 N. Y. Supp. 396.

Judgment reversed, without costs, and a new trial ordered.

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PER CURIAM.

This judgment purports to have been rendered upon an agreed statement of facts submitted to the lower court. The only provision for the submission of a controversy upon an agreed statement of facts in the Municipal Court is contained in section 241 of the Municipal Court act (Acts 1902, c. 580). That section requires that such statement must be accompanied with the affidavit of one or more of the parties thereto to the effect that the controversy is real and the submission made in good faith, for the purpose of determining the rights of the parties; and this court has held that without such an affidavit the court below has no jurisdiction to render a judgment. Neustaedter v. Weiner, 57 Misc. Rep. 643, 108 N. Y. Supp. [809]*809650; Lax v. Fourteenth Street Store, 49 Misc. Rep. 627, 97 N. Y. Supp. 396.

Judgment reversed, without costs, and a new trial ordered.

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123 N.Y.S. 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herz-v-illinois-surety-co-nyappterm-1910.

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