Tannenbaum v. Natchtigall
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of the plaintiff in the Municipal Court, tenth district, borough of Manhattan.
1Opinion of the Court
Per Ouriam.
The record fails to show that the defendant is a resident within the jurisdiction of the Municipal Court, and it has been repeatedly held that all the facts necessary to give an inferior court jurisdiction must appear in the record (Frees v. *760Ford, 6 N. Y. 176; Gilbert v. York, 111 id. 544) and that to all such courts the rule necessarily applies, that their jurisdiction must appear and no presumption can be invoked in their favor. Tyroler v. Gummersbach, 28 Misc. Rep. 151.
Present: Freedman, P. J.; MacLean and Leventritt, JJ.
Judgment reversed and new trial ordered, with costs to…
2Cases cited2 opinions
- Tyroler v. GummersbachAppellate Terms of the Supreme Court of New York · 1899
- Frees v. . FordNew York Court of Appeals · 1852
3Cited by3 opinions
- Carpenter v. PirnerAppellate Terms of the Supreme Court of New York · 1907
- City Button Works v. CohnAppellate Terms of the Supreme Court of New York · 1906
- Weinstein v. DouglasAppellate Terms of the Supreme Court of New York · 1906