In Re Haberman Manufacturing Co.
Supreme Court of the United States
ORIGINAL. No number. On the 5th of January, 1893, an interlocutory decree was made, on final hearing, in a suit in equity in the .Circuit Court of the United States for the Southern' District of New York, brought against the Haberman Manufacturing Company, for the infringement of a patent for improvements in the manufacture of enamelled iron ware.
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ORIGINAL. No number. On the 5th of January, 1893, an interlocutory decree was made, on final hearing, in a suit in equity in the .Circuit Court of the United States for the Southern' District of New York, brought against the Haberman Manufacturing Company, for the infringement of a patent for improvements in the manufacture of enamelled iron ware. The decree held, that the patent was valid and had been. infringed by the defendant, and awarded a recovery of profits, and damages, to be ascertained on a reference to a master, and also a perpetual injunction. The defendant perfected an appeal to…
1Opinion of the Court
Mr. Justice Blatci-iford,
after stating the case, delivered, the opinion of the court.
It is contended for the petitioner that it is entitled, as a matter of right, to a supersedeas of the injunction pending the appeal, and that the Circuit Court had no discretion to refuse it. As authority for this alleged' right reference is made to § 7 of the act of March 3,1891, c. 517, 26 Stat. 828, which provides : “ That where, .upon a hearing in equity in a District Court, or in an existing Circuit Court, an injunction shall be granted, or continued by an interlocutory order or decree, in a cause in…
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