McCorkle v. Ellis

Appellate Terms of the Supreme Court of New York

McCorkle v. Ellis

35 Misc. 833, 72 N.Y.S. 1117

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 833 (McCorkle v. Ellis) 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

McCorkle v. Ellis, 35 Misc. 833, 72 N.Y.S. 1117 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

The record offered in evidence was not exemplified as required by the Bevised Statutes of the United States, section 905; neither can the transcript of the justice with the certificate of the county clerk attached be availed of, as Texas is not ah adjoining State. Code Civ. Pro., § 948; Bent v. Glaenzer, 17 Misc. Rep. 569. The only other method of proving the jurisdictional fact is by common-law- proof.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to. abide event.

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Per Curiam.

The record offered in evidence was not exemplified as required by the Bevised Statutes of the United States, section 905; neither can the transcript of the justice with the certificate of the county clerk attached be availed of, as Texas is not ah adjoining State. Code Civ. Pro., § 948; Bent v. Glaenzer, 17 Misc. Rep. 569. The only other method of proving the jurisdictional fact is by common-law- proof.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to. abide event.

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Bluebook (online)

35 Misc. 833, 72 N.Y.S. 1117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccorkle-v-ellis-nyappterm-1901.

Opinion

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