Rosenberg v. McMichael

The jurisdiction of the court below appearing neither by averment nor by evidence in the return, the judgment must be reversed. Frees v. Ford, 6 N. Y. 176; Gilbert v. York, 111 id. 544.

Present: Freedman, P. J., and MacLean, J.

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