Willis v. Parker

The appellant suggests that it nowhere appears in the record that the defendant is a resident of the city of Hew York, and, therefore, insists that the judgment must be reversed for lack of jurisdiction in the Municipal Court. This objection was not taken below, but is now taken for the first time. It was held by the court in Tyroler v. Gummersbach, 28 Misc. Rep. 151, that when the record in an action brought in a Municipal Court fails to show the jurisdictional fact that the defendant resided within the territorial jurisdiction of the court, it has no power to render a judgment against him,…