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Goldman v. Jacobs

Supreme Court, Appellate Term
Jun 1, 1902
38 Misc. 781 (N.Y. App. Term 1902)

Opinion

June, 1902.

Sanders Feltenstein, for appellant.

Marks Marks, for respondents.


The defendant appeals from a judgment by default, rendered in favor of the plaintiffs, in an action for goods sold and delivered. On the return day of the summons, the defendant moved to transfer the cause on the ground that none of the parties resided in the second district. The evidence in the record to such effect was not contradicted. It was, therefore, the duty of the justice to make the transfer (Greater N.Y. Charter, § 1370, subd. 4), and for his failure therein the remedy of the defendant properly lies in this appeal (People ex rel. Jaffe v. Bolte, 35 Misc. 53), and the justice being without authority to render judgment (Consol. Act, § 1382; McKee v. Oliver, 2 Daly, 381; Barrowcliffe v. Harrison, 9 id. 473), it must be reversed.

FREEDMAN, P.J., and GILDERSLEEVE, J., concur.

Judgment reversed, with costs to appellant.


Summaries of

Goldman v. Jacobs

Supreme Court, Appellate Term
Jun 1, 1902
38 Misc. 781 (N.Y. App. Term 1902)
Case details for

Goldman v. Jacobs

Case Details

Full title:ABRAHAM GOLDMAN et al., Respondents, v . SADIE JACOBS, Appellant

Court:Supreme Court, Appellate Term

Date published: Jun 1, 1902

Citations

38 Misc. 781 (N.Y. App. Term 1902)

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