Cleveland Trust Co. v. Simmons Mfg. Co.

SIMONS, Circuit Judge.

The Simmons Manufacturing Company was the vendor of a device, of which' the Sterling Products Company was alleged to be the manufacturer. In a patent infringement suit begun in the court below by the appellants as plaintiffs, the Simmons and Sterling Companies were charged as joint and several infringers. The Sterling Company'was not found in the district, and service upon it could not be obtained. After the filing of an answer by the Simmons Company and preliminary proceedings in respect to interrogatories, the Simmons Company consented to an interlocutory decree, which…