Janos v. Samstag

Appellate Terms of the Supreme Court of New York

Janos v. Samstag

31 Misc. 790, 65 N.Y.S. 223

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1900

StatusPublished

This text of 31 Misc. 790 (Janos v. Samstag) 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

Janos v. Samstag, 31 Misc. 790, 65 N.Y.S. 223 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

There is neither allegation nor proof with respect to the residence of the defendants.

As the jurisdiction of the court depends upon the residence of the defendants within the territorial limits of the city of New York, as now constituted, and as such jurisdiction must affirmatively appear upon the record, it follows that the judgment herein must be reversed. Tyroler v. Gummersbach, 28 Misc. Rep. 151.

As, however, the question was first raised on appeal, no costs will be awarded in directing a new trial. Willis v. Parker, 30 Misc. Rep. 750; 62 N. Y. Supp. 1078.

Present: Beekman, P. J., Giegerich and O’Gorman, JJ.

Judgment reversed and new trial ordered, without costs.

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