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Appellate Terms of the Supreme Court of New York, 1912

Parkes v. Whitney Opera Co.

Parkes v. Whitney Opera Co.
Appellate Terms of the Supreme Court of New York · Decided November 8, 1912
137 N.Y.S. 927 (New York Supplement)

Counsel

Maurice Meyer, of New York City (Arthur C. Kahn, of New York City, of counsel), for appellant.

Parkes v. Whitney Opera Co.

Opinion of the Court

PER CURIAM.

The agreed statement of facts submitted to the lower court contained no affidavit in accordance with the requirements of section 241 of the Municipal Court Act, and therefore the court below had no jurisdiction to render a judgment. Herz v. Illinois Surety Co., 123 N. Y. Supp. 808.

Judgment reversed, without costs, and a new trial ordered.

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