Theller v. Hershey
U.S. Circuit Court for the District of Northern California
Demurrer to Amended and Supplemental Bill of Complaint. This is a bill in equity for the infringement of letters patent.
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Demurrer to Amended and Supplemental Bill of Complaint. This is a bill in equity for the infringement of letters patent. Tlie bill, among other tilings, alleges that complainant, on the 7th day of August, A. D. 1895, “filed in this honorable court a declaration in an action at law against one Thomas B. Ross, alleging an infringement by said Ross upon claim 1 of the same letters patent herein sued on, and praying for a judgment against said Ross for damages: that thereafter said Ross duly appeared in said action by counsel learned in the law, and filed an answer therein and a notice of special…
1Opinion of the CourtHawley, District Judge
(orally). Do the averments in the bill show that the respondent herein was privy to the former action? Are the allegations sufficient to show that respondent would be bound by the judgment in Theller against Boss?
The argument on behalf of respondent is (1) that there is no allegation that he had any such control over the former action as to be bound by any judgment rendered therein; (2) that there is no allegation that the judgment in Theller against Boss is a final judgment. It is not necessary for the complainant to allege in direct terms that the respondent had such control over the former…
2Cases cited7 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Lovejoy v. MurraySupreme Court of the United States · 1866
- David Bradley Manuf'g Co. v. Eagle Manuf'g Co.Court of Appeals for the Seventh Circuit · 1893
- American Bell Telephone Co. v. National Improved Telephone Co.U.S. Circuit Court for the District of Eastern Louisiana · 1886
- Miller v. Liggett & Myers Tobacco Co.U.S. Circuit Court for the District of Eastern Missouri · 1881
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3Cited by16 opinions
- Fong Sik Leung, as Guardian Ad Litem for Fong Gar Hong v. John Foster Dulles, as Secretary of StateCourt of Appeals for the Ninth Circuit · 1955
- Visoly v. Security Pacific Credit Corp.District Court of Appeal of Florida · 2000
- Carson Inv. Co. v. Anaconda Copper Mining Co.Court of Appeals for the Ninth Circuit · 1928
- Australian Knitting Co. v. GormlyU.S. Circuit Court for the District of Northern New York · 1905
- Lage v. BlancoDistrict Court of Appeal of Florida · 1988
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