
    Henry H. McCorkle, Respondent, v. William H. Ellis, Appellant.
    Appeal from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of Hew York, tenth district, borough of Manhattan.
    William C. Prime, for appellant.
    Henry H. McCorkle, for respondent.
   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.  