Stirling Co. v. Pierpoint Boiler Co.

Decided Circuit Court of Appeals, Third Circuit
Disposition
remanded
full scope
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Court
Circuit Court of the United States for the Western District of Pennsylvania
Decided
Appellant (1)
STIRLING CO.
Chas. Heebner, Ephraim Banning
v.
Appellee (1)
PIERPOINT BOILER CO. et al.
Thomas W. Bakewell

Overview

The cause is remanded to the circuit court, with instructions to grant a rehearing, and enter such order or decree as the parties may agree upon or said court consider proper, pursuant to written request and consent of counsel.

Case summary

This case involved an appeal by Stirling Co. against Pierpoint Boiler Co. et al. from the Circuit Court of the United States for the Western District of Pennsylvania. The Circuit Court of Appeals, Third Circuit, issued a decision on November 30, 1896, remanding the cause to the circuit court with instructions to grant a rehearing and enter an order or decree as agreed upon by the parties or deemed proper by the court, based on a written request and consent of counsel. No opinion was provided, and the appellate court did not address substantive legal issues.

Abstract

The case involved an appeal from a federal circuit court, where the appellate court remanded the matter based on a written request and consent of counsel. The remand instructed the lower court to grant a rehearing and enter an order or decree as agreed by the parties or deemed proper by the court. No substantive legal issues were addressed, and no opinion was issued.

Opinion of the court

Majority
opinion
  • Cause remanded to circuit court for rehearing
  • Order or decree to be entered based on party agreement or court determination
  • Action taken pursuant to written request and consent of counsel

Legal categories

Business

Case record

Full case name
STIRLING CO. v. PIERPOINT BOILER CO. et al.
Court
Circuit Court of Appeals, Third Circuit
Trial court
Circuit Court of the United States for the Western District of Pennsylvania
Decided
Opinion type
unpublished
Precedential status
non-precedential

Issues & holdings

No issues recorded for this case.

Timeline

No timeline recorded.

Facts & evidence

No factual record available.

Authorities

Cited authorities (1)

72 Fed. 780
citedprecedent
Reference to the opinion of the circuit court from which the appeal was taken
For opinion of circuit court

Legal principles applied

  • Appellate courts may remand cases for further proceedings based on party agreements
Index terms36
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Entities and documentation
Legal actions
Action type
remanded
Target
cause to circuit court
Appealed from
Circuit Court of the United States for the Western District of Pennsylvania
Context
Cause remanded to circuit court, with instructions to grant a rehearing, and enter such order or decree as the parties may agree upon or said court consider proper, pursuant to written request and consent of counsel.
Scope
full
Further instructions
Grant a rehearing and enter order or decree as agreed by parties or deemed proper by court
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Parties
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Statutes cited