Legal Opinion

Caverly v. Deere

Court of Appeals for the Seventh Circuit

Decided February 23, 1895No. 112PublishedCited by 15 opinions

Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This was a suit in equity by Herschel Caverly, administrator of Sarah Caverly, deceased, against Deere & Co. for infringement of a patent. The circuit court entered a decree dismissing the bill. 52 Fed. 758. Complainant appeals.

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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This was a suit in equity by Herschel Caverly, administrator of Sarah Caverly, deceased, against Deere & Co. for infringement of a patent. The circuit court entered a decree dismissing the bill. 52 Fed. 758. Complainant appeals. Suit for damages, and to enjoin infringement of letters patent No. 303,116, issued August 5, 1884, to Sarah Caverly, assignee of Amos K. Caverly, for a machine for rounding bent handles, of which the four claims are as follows: “(1) A cutter head…

1Opinion of the CourtWoods, Circuit Judge

*308- Numerous errors Rave been assigned upon the opinion delivered in the circuit court. They are irrelevant and immaterial, except argumentatively. The opinion may be wrong and yet the finding and decree right. The question involved in the appeal is whether or not the court erred in finding and decreeing the bill to be without equity; and for the presentation of that question the first assignment of error alone is sufficient.

The suit was for the infringement of letters patent No. 303,116, issued August 5, 1884, to Sarah Caverly, assignee, for improvements in machines for rounding bent handles…

2Cited by15 opinions

  1. Butcher v. Truck Insurance ExchangeCalifornia Court of Appeal · 2000
  2. Smart v. WrightCourt of Appeals for the Eighth Circuit · 1915
  3. Russell v. KernCourt of Appeals for the Seventh Circuit · 1895
  4. McFarlane v. GollingCourt of Appeals for the Seventh Circuit · 1896
  5. Enterprise Railway Equipment Co. v. Pullman Standard Car Mfg. Co.Court of Appeals for the Seventh Circuit · 1938

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