Brandon Manuf'g Co. v. Prime
U.S. Circuit Court for the District of Vermont
[In equity. BUI by David W. Prime and others against the Brandon Manufacturing Company for infringement of letters patent No. 14,119, dated January 15,' 1856, No. 24,-162, dated May 24, 1859, No. 25,148, dated Augqst 16, 1859, issued to Francis M. Strong and Thomas Ross, and No. 35,348, dated May 20, 1862, issued to John W. Howe, as-signee of Strong & Ross, for improvements in weighing scales.
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[In equity. BUI by David W. Prime and others against the Brandon Manufacturing Company for infringement of letters patent No. 14,119, dated January 15,' 1856, No. 24,-162, dated May 24, 1859, No. 25,148, dated Augqst 16, 1859, issued to Francis M. Strong and Thomas Ross, and No. 35,348, dated May 20, 1862, issued to John W. Howe, as-signee of Strong & Ross, for improvements in weighing scales. The defendant claimed ownership of the patented inventions, and filed a cross-bill for a conveyance of complainants’ title, and for other relief.
1Opinion of the Court
WHEELER, District Judge.
This cause has been heard on the several demurrer of defendant Strong, and joint demurrer of defendants Prime, Meaeham and Luce, to the cross-bill. The causes of demurrer assigned are the same in each. They are, in substance, that this court has not jurisdiction, because the court of chancery of the state had acquired prior jurisdiction, on a biU brought by the orator in the cross-biU, there, for the same relief; that some of the relief prayed is not cognizable in equity; that some of the subjects of the cross-bUl are not the same as those of the original bill; and…
2Cases cited4 opinions
- Coster's Ex'rs v. Bank of GeorgiaSupreme Court of Alabama · 1853
- Blodgett v. HobartSupreme Court of Vermont · 1846
- Curd v. LewisCourt of Appeals of Kentucky · 1833
- Sharp v. Pike's AdministratorCourt of Appeals of Kentucky · 1844
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- Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
- Price v. StrattonSupreme Court of Florida · 1903
- Queenan v. MaysCourt of Appeals for the Tenth Circuit · 1937
- Stonemetz Printers' Machinery Co. v. Brown Folding-Mach. Co.U.S. Circuit Court for the District of Western Pennsylvania · 1891
- Fidelity Trust & Safety Vault Co. v. Mobile St. Ry. Co.U.S. Circuit Court for the District of Southern Alabama · 1893
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