Head v. Porter
U.S. Circuit Court for the District of Massachusetts
This was a suit by Charles Head against Samuel W. Porter for alleged infringement of a patent. On motion to dismiss the bill on the ground that the suit has been abated by the death of the defendant.
1Opinion of the Court
COLT, Circuit Judge.
This is a motion to dismiss a bill in equity upon the ground that by reason of the death of the defendant the suit has abated, and cannot be revived. The bill is brought for the infringement of a patent, and contains the usual prayer for an injunction and an account of profits. The usual mode of procedure where the defendant dies pending suit is for the complainant to bring a bill of revivor, and for the defendant to raise the question of the survival of the action by demurrer to the bill; but, since the question has been fully argued on the present motion, I will proceed…
2Cases cited21 opinions
- Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
- Root v. Railway Co.Supreme Court of the United States · 1882
- Smith v. NicholsSupreme Court of the United States · 1875
- Schreiber v. SharplessSupreme Court of the United States · 1884
- Clark v. WoosterSupreme Court of the United States · 1886
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3Cited by4 opinions
- Pathe Exchange, Inc. v. DalkeCourt of Appeals for the Fourth Circuit · 1931
- United States v. GreeneDistrict Court, S.D. New York · 1900
- Griswold v. HiltonU.S. Circuit Court for the District of Southern New York · 1898
- Electropure Sales Corp. v. AnglimDistrict Court, W.D. New York · 1937