Legal Opinion

Humiston v. Stainthorp

Supreme Court of the United States

Decided December 15, 1864PublishedCited by 1 opinion

Stainthorp and Seguine had filed a bill in the Circuit Court for the Northern District of -New York, against Humiston, for infringing a patent for moulding candles; and had obtained a decree against him. The decree was that' the complainants were entitled to a permanent injunction, and for an account' of gains and profits, and that, the cause be referred to a master to take and state the amount and-report to the court.

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Stainthorp and Seguine had filed a bill in the Circuit Court for the Northern District of -New York, against Humiston, for infringing a patent for moulding candles; and had obtained a decree against him. The decree was that' the complainants were entitled to a permanent injunction, and for an account' of gains and profits, and that, the cause be referred to a master to take and state the amount and-report to the court. A motion was now made to dismiss the cause for want of jurisdiction. An appeal lies only from a final decree; this is an interlocutory one. A final decree in equity is one…

1Opinion of the Court

Mr. Justice'NELSON

delivered the opinion of the court, and after stating the case said:

The decree is not final within the act of Congress providing for appeals to this court, according to a long and well-settled clasp of cases, some of which we only need refer to in disposing of the case.*

MOTION GRANTED.

The Palmyra, 10 Wheaton, 502; Barnard et al. v. Gibson, 7 Howard. 650; Crawford v. Points, 13 Id. 11; Craighead v. Wilson, 18 Id. 199 Beebe et al. v. Russell, 19 Id. 283.

2Cases cited1 opinion

  1. The PalmyraSupreme Court of the United States · 1825

3Cited by1 opinion

  1. Humiston v. StainthorpSupreme Court of the United States · 1865

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