Legal Opinion
Parkes v. Whitney Opera Co.
Appellate Terms of the Supreme Court of New York
Decided November 8, 1912Published
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Nellie Parlces against the Whitney Opera Company. From a judgment of the Municipal Court, rendered in favor of plaintiff, defendant appeals.
1Per curiam
The agreed statement of facts submitted to the lower court contained no affidavit in accordance with the requirements of section 241 of the Municipal Court Act, and therefore the court below had no jurisdiction to render a judgment. Herz v. Illinois Surety Co., 123 N. Y. Supp. 808.
Judgment reversed, without costs, and a new trial ordered.
2Cases cited1 opinion
- Herz v. Illinois Surety Co.Appellate Terms of the Supreme Court of New York · 1910