Rose v. Brady

Appellate Terms of the Supreme Court of New York

Rose v. Brady

65 N.Y.S. 292

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 13, 1900

StatusPublished

This text of 65 N.Y.S. 292 (Rose v. Brady) 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

Rose v. Brady, 65 N.Y.S. 292 (N.Y. Ct. App. 1900).

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Opinion

PER CURIAM.

It has been repeatedly held that all the facts necessary to confer jurisdiction upon an inferior court must appear in the record. The record contains no proof of the residence of the defendants, and, as this defect is one which may be asserted for the. first time on appeal (Tyroler v. Gummersbach, 28 Misc. Rep. 151, 59 N. Y. Supp. 266, 319), the judgment must be reversed, and a new trial ordered, but, under the circumstances, without costs (Willis v. Parker [Sup.] 62 N. Y. Supp. 1078).

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

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PER CURIAM.

It has been repeatedly held that all the facts necessary to confer jurisdiction upon an inferior court must appear in the record. The record contains no proof of the residence of the defendants, and, as this defect is one which may be asserted for the. first time on appeal (Tyroler v. Gummersbach, 28 Misc. Rep. 151, 59 N. Y. Supp. 266, 319), the judgment must be reversed, and a new trial ordered, but, under the circumstances, without costs (Willis v. Parker [Sup.] 62 N. Y. Supp. 1078).

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

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Bluebook (online)

65 N.Y.S. 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rose-v-brady-nyappterm-1900.

Opinion

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