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Per Curiam. The record offered in evidence was not exemplified as required by the Bevised 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 ah adjoining State. Code Civ. Pro., § 948; Bent v. Glaenzer, 17 Misc. Rep. 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.
Document Info
Citation Numbers: 35 Misc. 833, 72 N.Y.S. 1117
Filed Date: 6/15/1901
Precedential Status: Precedential
Modified Date: 1/13/2023