
    Charles Rosenberg, Respondent, v. Arkell R. McMichael, Appellant.
    Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court, first district, borough of Manhattan.
    Leventritt & Brennan, for appellant.
    Arthur Furber, for respondent.
   Per Curiam.

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., and MacLean, J.

Judgment reversed and new trial ordered, with costs to appellant to abide event.  