Opinion
May, 1898.
Sewards Sewards, for appellant.
Thomas J. Purdy, for respondent.
The justice, in rendering judgment in favor of the defendant, made the following indorsement upon the back of the summons: "Judgment for the defendant, as he failed to comply with the by-laws, and further that his sickness was not such as to prevent him working." An examination of the return, as amended, discloses the fact that the by-laws upon which the justice assumed to act had never been introduced in evidence. It thus appears that the judgment was rendered upon facts not proven upon the trial. It, therefore, follows that the judgment must be reversed and a new trial ordered, with costs to the appellant to abide the event.
Present: BEEKMAN, P.J., GILDERSLEEVE and GIEGERICH, JJ.
Judgment reversed and new trial ordered, with costs to appellant to abide event.