Appellate Terms of the Supreme Court of New York, 1901

McCorkle v. Ellis

Appellate Terms of the Supreme Court of New York · Decided June 15, 1901

35 Misc. 833; 72 N.Y.S. 1117

Counsel

William C. Prime, for appellant., Henry H. McCorkle, for respondent.

Opinion of the Court

Per Curiam.

The record offered in evidence was not exemplified as required by the Bevised Statutes of the United States, section 905; neither can the transcript of the justice with the certificate of the county clerk attached be availed of, as Texas is not ah adjoining State. Code Civ. Pro., § 948; Bent v. Glaenzer, 17 Misc. Rep. 569. The only other method of proving the jurisdictional fact is by common-law- proof.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.