Appellate Terms of the Supreme Court of New York, 1899

Wilson v. Hogan

Wilson v. Hogan
Appellate Terms of the Supreme Court of New York · Decided December 15, 1899 · MacLean
30 Misc. 763; 61 N.Y.S. 854

Counsel

Edward G. Whitaker, for appellant., Ellis B. Southworth, for respondent.

Wilson v. Hogan

Opinion of the Court

MacLean, J.

As it does not appear upon the record that the defendant resided within the jurisdiction of the court below, the judgment must be reversed, even if a collocation of the evidence may establish the home ” of the defendant to have been Eighty-sixth street,” in whatever locality that may be, for that does not sufficiently establish residence within the jurisdiction. Frees v. Ford, 6 N. Y. 176; Gilbert v. York, 111 id. 544.

Freedman, P. J., and Leventbitt, J., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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