Opinion
June, 1901.
William C. Prime, for appellant.
Henry H. McCorkle, for respondent.
The record offered in evidence was not exemplified as required by the Revised 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 an adjoining State. Code Civ. Pro., § 948; Bent v. Glaenzer, 17 Misc. 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.