Smith v. Weitz

In this appeal from a judgment of the City Court of the City of Peekskill, dismissing the complaint in an action to recover the agreed and reasonable value of labor and materials, the appellant urges that the judgment is void in that the court below lost jurisdiction to enter it. The case was tried without a jury, and the trial was completed on September 22, 1957. The decision was made by the court on January 29, 1958, and the judgment was finally entered on May 22,1958.

Section 135 of the Charter of the City of Peekskill provides that in a case tried without a jury, the court shall render and…