Tenesci v. Societa Italiano Abruzzo

Appellate Terms of the Supreme Court of New York

Tenesci v. Societa Italiano Abruzzo

23 Misc. 763, 51 N.Y.S. 362

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1898

StatusPublished

This text of 23 Misc. 763 (Tenesci v. Societa Italiano Abruzzo) 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

Tenesci v. Societa Italiano Abruzzo, 23 Misc. 763, 51 N.Y.S. 362 (N.Y. Ct. App. 1898).

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Opinion

Per Curiam.

The justice, in rendering judgment in favor of the defendant, made the following indorsement upon the' back of the summons: “ Judgment for the defendant, as he failed to [764]*764comply with, the by-laws, and further that bib sickness-Was not such as to prevent him working.” Am examination of the return,, as - amended, discloses the-fact that the by-laws upon which the justice assumed to act had never been introduced in evidence. It ■thus appears that the judgment was rendered upon facts not proven upon.the trial. It, therefore, follows that the'judgment must be reversed and a new trial ordered, with costs to the appellant to abide the event. ■ • I

Present: BeekMan, P. J., Gildersleevé and Giegerich, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event. ■ ■'- •' ■ ¡

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Per Curiam.

The justice, in rendering judgment in favor of the defendant, made the following indorsement upon the' back of the summons: “ Judgment for the defendant, as he failed to [764]*764comply with, the by-laws, and further that bib sickness-Was not such as to prevent him working.” Am examination of the return,, as - amended, discloses the-fact that the by-laws upon which the justice assumed to act had never been introduced in evidence. It ■thus appears that the judgment was rendered upon facts not proven upon.the trial. It, therefore, follows that the'judgment must be reversed and a new trial ordered, with costs to the appellant to abide the event. ■ • I

Present: BeekMan, P. J., Gildersleevé and Giegerich, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event. ■ ■'- •' ■ ¡

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23 Misc. 763, 51 N.Y.S. 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tenesci-v-societa-italiano-abruzzo-nyappterm-1898.