Majority
p. 920Eli F. Deal, Appellant, v. William McArthur, Respondent.
Judgment, so far as appealed from, reversed, with costs, and the following words stricken from the judgment of the County Court: “ but without costs to either party as against the other.” Held, that the reversal by the County Court was not for an error of fact, within the meaning of subdivision 2 of section 3066 of the Code of Civil Procedure, and the appellant was entitled to costs in the County Court as a matter of right. All concurred.