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.; MacLean and Leventritt, JJ.
Judgment reversed and new trial ordered, with costs to appellant to abide event.