Legal Opinion

Cottle v. Cary

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1901PublishedCited by 4 opinions

Appeal by the defendants, Walter Cary and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 25th day of October, 1900, upon the decision of the court rendered after a trial at the Erie Special Term.

1Opinion of the Court

Williams, J.:

The judgment appealed from should be reversed, and a new trial ordered, with costs to appellants to abide event.

The appeal is based upon the decision of the court and exceptions thereto. There are no case and exceptions. Uo evidence is contained in the record. The facts, briefly, as found by the court are : That at the time of the commencement of the action, January 29, 1899, and for more than a year prior thereto, the plaintiffs were owners and in possession of the real property described in the complaint; that annually from 1889 to 1897, both inclusive, this property was…

2Cases cited2 opinions

  1. Zink v. . McManusNew York Court of Appeals · 1890
  2. Collins v. . Long Island CityNew York Court of Appeals · 1892

3Cited by4 opinions

  1. Cottle v. CaryAppellate Division of the Supreme Court of the State of New York · 1902
  2. Cottle v. CaryAppellate Division of the Supreme Court of the State of New York · 1902
  3. Clinton v. KrullAppellate Division of the Supreme Court of the State of New York · 1908
  4. Nickey v. State Ex Rel. Attorney-GeneralMississippi Supreme Court · 1933

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