Bradford Belting Co. v. Kisinger-Ison Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Ohio. The Kisinger-Ison Company, the appellee in this appeal, on February 8, 1897, being the owner of letters patent No. 428,123, issued to David B. Morrison May 20, 1890, and of letters patent No. 491,811, issued to W. S. Kisinger March 7, 1893, — both said patents being for improvements in wire couplings, —exhibited its bill in the court below against the Bradford Belting Company, the appellant…
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Appeal from the Circuit Court of the United States for the Southern District of Ohio. The Kisinger-Ison Company, the appellee in this appeal, on February 8, 1897, being the owner of letters patent No. 428,123, issued to David B. Morrison May 20, 1890, and of letters patent No. 491,811, issued to W. S. Kisinger March 7, 1893, — both said patents being for improvements in wire couplings, —exhibited its bill in the court below against the Bradford Belting Company, the appellant herein, complaining of the infringement by the latter company of the rights secured under the patents aforesaid. The…
1Opinion of the CourtSeverens, Circuit Judge
1. It is assigned as error that the court held that it had no jurisdiction over the matter complained of in the hill; but the demurrer raised no such question, nor is there anything in the record to show that the court held that it had no jurisdiction. On the contrary, the decree shows that it was passed upon the merits. If it had been dismissed for lack of jurisdiction, it should have been so stated therein. Ashley v. Board, 60 Fed. 55, 68, 8 C. C. A. 455; Terry v. Davy, 46 C. C. A. 141, 107 Fed. 50-52; Cattle Co. v. Frank, 148 U. S. 603-612, 13 Sup. Ct. 691, 37 L. Ed. 577. We must therefore…
2Cases cited13 opinions
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Swan Land & Cattle Co. v. FrankSupreme Court of the United States · 1893
- Ashley v. Board of SupervisorsCourt of Appeals for the Sixth Circuit · 1893
- Noonan v. Chester Park Athletic Club Co.Court of Appeals for the Sixth Circuit · 1900
- Johnson v. ChristianSupreme Court of the United States · 1888
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3Cited by3 opinions
- Freeman v. AltvaterCourt of Appeals for the Eighth Circuit · 1933
- California Packing Corp. v. Sun-Maid Raisin Growers of CaliforniaCourt of Appeals for the Ninth Circuit · 1936
- New York Phonograph Co. v. National Phonograph Co.U.S. Circuit Court for the District of Southern New York · 1908