Murray v. Rubel Coal & Ice Corp.

Order granting plaintiffs’ motion for a jury trial of a framed issue arising under the counterclaim and the reply thereto reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, without costs. The litigants must be held to a consistent position. They obtained a denial of a motion to strike this case from the Special Term calendar upon the ground that the date of issue herein was August 21, 1931, as a consequence of a stipulation, and they obtained an affirmance of that order in this court on that same ground. They, therefore, may not utilize any other…