Civil Procedure · MBE-tested
Octavius O. Cottle et al., Appellants, v. The County of Erie et al., Respondents
173 N.Y. 591·New York Court of Appeals·1903·NY
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Opinion
Octavius O. Cottle et al., Appellants, v. The County of Erie et al., Respondents.
Cottle v. County of Brie, 57 App, Div. 443, affirmed.
(Argued December 10, 1902;
decided January 6, 1903.)
Appeal from an order of the'Appellate Division of the Supreme Court in the fourth judicial department, entered March 20, 1901, reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and granting a new trial.
Edmund P. Cottle for appellants.
Percy S. Lansdowne, Harry N. Kraft, Charles Diebold, Jr., and John W. Fisher for respondents.
[MAJORITY]
Order affirmed and judgment absolute ordered against plaintiffs on the stipulation, with costs in all courts, upon the ground that there was a question of fact in relation to occupancy and an error of law in relation to the method adopted by the plaintiff to prove occupancy ; no opinion.
Concur : Parker, Ch. J., Gray, Bartlett, Haight, Vann and Cullen, JJ. Dissenting: O’Brien, J.