Forest Oil Co. v. Erskine

Third Circuit

Forest Oil Co. v. Erskine

83 F. 109, 1897 U.S. App. LEXIS 2076

CourtCourt of Appeals for the Third Circuit

DecidedNovember 10, 1897

DocketNos. 11-16

StatusPublished

Cited by1 cases

This text of 83 F. 109 (Forest Oil Co. v. Erskine) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Forest Oil Co. v. Erskine, 83 F. 109, 1897 U.S. App. LEXIS 2076 (3d Cir. 1897).

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Opinion

DALLAS, Circuit Judge.

In each of these cases the question is the same as that which was decided by this court in Oil Co. v. Crawford, 23 C. C. A. 55, 77 Fed. 106; ’but the right of the respective plaintiffs in the present actions to have that question again adjudicated is unquestionable, although, of course, the learned judge of the court below rightly held that the decision to which we have referred had, for that court, settled the law. We, however, being at liberty to consider the mal,ter anew, have carefully done so; but attentive re-examination of the decisions of the supreme court of Pennsylvania has confirmed' us in the opinion heretofore expressed as to their effect, and therefore, as we still think those decisions must upon the subject in hand be regarded as controlling, the judgment of the circuit court in each of the six cases designated at the head of this paper is affirmed.

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DALLAS, Circuit Judge.

In each of these cases the question is the same as that which was decided by this court in Oil Co. v. Crawford, 23 C. C. A. 55, 77 Fed. 106; ’but the right of the respective plaintiffs in the present actions to have that question again adjudicated is unquestionable, although, of course, the learned judge of the court below rightly held that the decision to which we have referred had, for that court, settled the law. We, however, being at liberty to consider the mal,ter anew, have carefully done so; but attentive re-examination of the decisions of the supreme court of Pennsylvania has confirmed' us in the opinion heretofore expressed as to their effect, and therefore, as we still think those decisions must upon the subject in hand be regarded as controlling, the judgment of the circuit court in each of the six cases designated at the head of this paper is affirmed.

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83 F. 109, 1897 U.S. App. LEXIS 2076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forest-oil-co-v-erskine-ca3-1897.

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