Legal Opinion

Myers v. Consumers' Coal Co.

Supreme Court of Pennsylvania

Decided May 24, 1910No. Appeal, No. 176PublishedCited by 2 opinions

Appeal, No. 176, Jan. T., 1909, by plaintiffs, from decree of C. P. Luzerne Co., March T., 1900, No. 2, dismissing bill in equity in case of E. Oscar Myers et al. v. The Consumers’ Coal Company et al. Bill in equity. See 212 Pa. 193. Error assigned was decree dismissing the bill.

1Opinion of the Court

Per Curiam,

When this case was here before, 212 Pa. 193, it was on an appeal from the decision of a single judge and not from the decree of the court. After pointing out the error in the procedure, and holding that the appeal should have been from the decree of the court in banc, we formally sustained one of the assignments, and sent the case back to the trial court with the suggestion that the “rulings (of the court) may not be in accord with those of the single judge who entered this decree, after a trial had in accordance with the views expressed above.” The court below construed our…

2Cases cited1 opinion

  1. Myers v. Consumers' Coal Co.Supreme Court of Pennsylvania · 1905

3Cited by2 opinions

  1. Glenn v. Kittanning Brewing Co.Supreme Court of Pennsylvania · 1918
  2. Yerger v. HunnSupreme Court of Pennsylvania · 1911

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