
    BLEIMAN v. STERN
    (Supreme Court, Appellate Term.
    December 8, 1910.) '
    Judgment (§ 17*)—Process to Sustain—Necessity.
    Where a judgment was rendered against the defendant by default, and it appears conclusively on the record that defendant was never served and never appeared in court, either personally or by attorney, the judgment should be reversed for want of jurisdiction apparent upon the record.
    [Ed. Note.—For other cases, see Judgment, Cent. Dig. §§ 25-33; Dec. Dig. § 17.*]
    Appeal from Municipal Court, Borough of Manhattan, Eighth District.
    Action by William Bleiman against Max Stern. From a Municipal Court judgment in favor of plaintiff, defendant appeals.
    Reversed.
    Argued before GUY, PLATZFK, and GAVEGAN, JJ.
    Moses I. Falk, for appellant.
    Laurence J. Bershad, for respondent.
   PER CURIAM.

This is an appeal taken from a judgment entered by default in a Municipal Court. The appellant contends that the court was without jurisdiction. It appears conclusively from the record that the defendant was never served, and never appeared in court, either personally or by attorney, or submitted to the jurisdiction of the court.

Judgment should therefore be reversed, and the complaint dismissed, with costs.  