Wilson v. Hogan

30 Misc. 763, 61 N.Y.S. 854

• Court: Appellate Terms of the Supreme Court of New York
• Decided: December 15, 1899
• Status: Published

Opinion

MacLean, J.

As it does not appear upon the record that the defendant resided within the jurisdiction of the court below, the judgment must be reversed, even if a collocation of the evidence may establish the “ home ” of the defendant to have been “ Eighty-sixth street,” in whatever locality that may be, for that does not sufficiently establish residence within the jurisdiction. Frees v. Ford, 6 N. Y. 176; Gilbert v. York, 111 id. 544.

Freedman, P. J., and Leventbitt, J., concur.

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