Opinion
February, 1900.
Elias G. Levy, for appellant.
Horwitz Samuels, for respondent.
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.; MacLEAN and LEVENTRITT, JJ.
Judgment reversed and new trial ordered, with costs to appellant to abide event.