Stearns v. Barrett
U.S. Circuit Court for the District of Massachusetts
[In error to the district court of the United States for the district of Massachusetts.] This was a proceeding in the district court, under the 10th section of the act of the 21st of February, 1793 (chapter 11), to rejteal a patent-right, granted to the defendant upon the allegation, that it was obtained surreptitiously and upon false suggestion."'" Upon a motion, supported by affidavit, a rule to show cause, why process should not issue to repeal the letters patent, was…
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[In error to the district court of the United States for the district of Massachusetts.] This was a proceeding in the district court, under the 10th section of the act of the 21st of February, 1793 (chapter 11), to rejteal a patent-right, granted to the defendant upon the allegation, that it was obtained surreptitiously and upon false suggestion."'" Upon a motion, supported by affidavit, a rule to show cause, why process should not issue to repeal the letters patent, was granted; upon the return of which the district court, after hearing the parties, made the rule absolute; and process was…
1Opinion of the Court
STORY, Circuit Justice.
The first question is, whether this court has appellate jurisdiction from a judgment, rendered by the district court in proceedings under the tenth section of the patent act.
Before considering this question, it will be neeessary to settle the true nature and character of the proceeding itself. It is not easy to give a construction to the tenth section of the act, that is entirely free from difficulties. It provides, in substance, that, upon oath or affirmation being made before the judge of the district court, that any patent was obtained surreptitiously, or upon false…
2Cited by9 opinions
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- Moody v. KeenerSupreme Court of Alabama · 1838
- Chapman v. HoldingSupreme Court of Alabama · 1877
- Day v. WebbSupreme Court of Connecticut · 1859
- Hunt v. United StatesSupreme Court of the United States · 1897
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