Burt v. Smith
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OP THE STATE OP NEW YORK. The facts are stated in the opinion. Neither the order nor the opinion of the Circuit Court of Appeals reversing the temporary injunction, nor the judgment upon the merits in- the injunction suit in favor of these plaintiffs, have any tendency to support the decision stated in the opinion of the Court of Appeals. That decision is directly contrary to both.
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ERROR TO THE COURT OF APPEALS OP THE STATE OP NEW YORK. The facts are stated in the opinion. Neither the order nor the opinion of the Circuit Court of Appeals reversing the temporary injunction, nor the judgment upon the merits in- the injunction suit in favor of these plaintiffs, have any tendency to support the decision stated in the opinion of the Court of Appeals. That decision is directly contrary to both. The decision could not have been rested on oral evidence, because there was no evidence in the case tending to support the decision. All the oral' evidence tended to show want of…
1Opinion of the CourtJustice Holmes
This is an action for malicious prosecution brought by the plaintiffs.in error, in which the New York Court of Appeals ordered judgment for the defendant, in error. 181 N. Y. 1. The suit complained of was a bill brought by the defendant in error in the United States Circuit Court to restrain the infringement of a registered trade-mark. A preliminarinjunction was granted in that suit. An appeal was taken to the Circuit Court of Appeals, where the injunction was dissolved^ and, the plaintiff mailing default at the final hearing, a decree was entered by the Circuit Court, expressed to be upon…
2Cases cited12 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Burt v. . SmithNew York Court of Appeals · 1905
- Deposit Bank v. FrankfortSupreme Court of the United States · 1903
- Rawlins v. GeorgiaSupreme Court of the United States · 1906
- Howard v. FlemingSupreme Court of the United States · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Patterson v. Colorado Ex Rel. Attorney General of Colo.Supreme Court of the United States · 1907
- Curiano v. SuozziNew York Court of Appeals · 1984
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- Buchalter v. New YorkSupreme Court of the United States · 1943
- Loeb v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1980
33 more not listed; retrieve them via the Exa API.