Legal Opinion

Egan v. Board of Education of the City of New York

New York Supreme Court

Decided July 15, 1910Published

Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of ¡New York, ninth district, borough of Manhattan.

1Per curiam

The attorneys for the respective parties herein, after issue was joined by the filing of verified pleadings, signed a stipulation embodying a so-called “ statement of facts ” and submitted the case thus made to the court below* for decision, and from a judgment rendered in favor of the plaintiff the defendant appeals.

The court below was wholly without jurisdiction to render judgment under such circumstances. Section 241 of the Municipal Court Act provides for a submission of a controversy upon an agreed statement of facts; but such statement must be accompanied by an affidavit of one or more…

2Cases cited2 opinions

  1. Lax v. Fourteenth Street StoreAppellate Terms of the Supreme Court of New York · 1906
  2. Neustaedter v. WienerAppellate Terms of the Supreme Court of New York · 1908

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