South Penn Oil Co. v. Calf Creek Oil & Gas Co.
U.S. Circuit Court for the District of Northern West Virginia
In Equity. On November 23, 1900, the Calf Creek Oil & Gas Company, a West Virginia corporation, instituted on the law side of this court its action of case against the South Penn Oil Company, a Pennsylvania corporation, to recover $20,000 damages alleged to have accrued by reason of the plaintiff having been the owner of all oil and gas in and under a tract of 60 acres of land situate in Pleasants county, W. Va., and of the defendant entering thereon unlawfully and operating…
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In Equity. On November 23, 1900, the Calf Creek Oil & Gas Company, a West Virginia corporation, instituted on the law side of this court its action of case against the South Penn Oil Company, a Pennsylvania corporation, to recover $20,000 damages alleged to have accrued by reason of the plaintiff having been the owner of all oil and gas in and under a tract of 60 acres of land situate in Pleasants county, W. Va., and of the defendant entering thereon unlawfully and operating and boring wells and removing oil and gas therefrom. On .the following day John B. Finley, as administrator of William…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). The demurrer in this case, I think, was very properly overruled by my predecessor, and, although defendants in their answer and arguments have earnestly insisted that this suit ought not to be maintained, because plaintiff can make full defense to the actions at law, I do not agree with them. The defense of the actions at law involves all the elements of estoppel in pais by the acts, conduct, and writings of the parties; it also involves a consideration of fhe question of how far defendants may be barred by a judicial proceeding; and, further, it might…
2Cases cited27 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Oliver v. PiattSupreme Court of the United States · 1845
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1888
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Stoddard v. ChambersSupreme Court of the United States · 1844
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- State Upon the Information of McKittrick v. Missouri Utilities Co.Supreme Court of Missouri · 1936
- Acord v. Western Pocahontas Corp.U.S. Circuit Court for the District of West Virginia · 1907
- Horner-Gaylord Co. v. Miller & BennettDistrict Court, N.D. West Virginia · 1906
- Rumbarger v. YokumU.S. Circuit Court for the District of Northern West Virginia · 1909
- New York Life Ins. v. MarshallDistrict Court, E.D. Louisiana · 1927
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