Legal Opinion

Byam v. Eddy

U.S. Circuit Court for the District of Vermont

Decided January 15, 1853PublishedCited by 1 opinion

This was a suit in equity, founded on the infringement of letters patent [No. 68]. A provisional injunction having been granted against the defendant [Ezra B. Eddy], pursuant to the prayer of the bill, the plaintiffs ¡[Ezekiel Byarn and others] afterwards moved for an attachment against him for a breach of the injunction.

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This was a suit in equity, founded on the infringement of letters patent [No. 68]. A provisional injunction having been granted against the defendant [Ezra B. Eddy], pursuant to the prayer of the bill, the plaintiffs ¡[Ezekiel Byarn and others] afterwards moved for an attachment against him for a breach of the injunction. An order to show cause against the motion was thereupon issued and served upon the defendant; and, his affidavit in answer thereto being filed, the matter came on to be heard upon affidavits and exhibits.

1Opinion of the Court

PRENTISS, District Judge.

This is a motion for an attachment against the defendant, for contempt in violating the injunction granted against him on the 22d of last September, and served upon him on the next ■day. The injunction, which, it is proper to observe, was granted virtually without any hearing on the part of the defendant, though upon notice and appearance, refers to the bill, and, by the terms of reference, was intended to be co-extensive with the bill, and must be so understood. We must, therefore, .look to the bill to see the extent of the injunction, what it forbids, and…

2Cases cited1 opinion

  1. Byam v. EddySupreme Court of Vermont · 1853

3Cited by1 opinion

  1. Orr v. Aschenbach & Miller, Inc.District Court, E.D. Pennsylvania · 1915

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