Asbestos Shingle, Slate & Sheathing Co. v. H. W. Johns-Manville Co.
U.S. Circuit Court for the District of Southern New York
Suit by Asbestos Shingle, Slate & Sheathing Company and another against H. W. Johns-Manville Company for infringement of patent. Decree was rendered in favor of complainants (184 Fed. 620), and defendant, claiming that complainants had made an improper use of such decision, applied to punish complainants for contempt. Decree for defendant.
1Opinion of the Court
HAND, District Judge.
[1] The first question is of power. The court certainly had power at common law to punish as for a contempt a misstatement of the effect of its own decision. That power was, however, in my judgment, taken away from federal judges by section 725 of the Revised Statutes (U. S. Comp. St. 1901, p. 583), because it is within none of the exceptions contained in the proviso. It is true that Judge Phillips in Gorham Mfg. Co. v. Emery-Bird-Thayer Dry Goods Co. (C. C.) 92 Fed. 774, 779, mentioned misconduct of this character as a common-law contempt, but he made no decision in…
2Cases cited15 opinions
- Birdsell v. ShaliolSupreme Court of the United States · 1884
- Adriance, Platt & Co. v. National Harrow Co.Court of Appeals for the Second Circuit · 1903
- Emack v. KaneUnited States Circuit Court · 1888
- Kelley v. Ypsilanti Dress-Stay Manuf'g Co.U.S. Circuit Court for the District of Eastern Michigan · 1890
- Commercial Acetylene Co. v. Avery Portable Lighting Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1906
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Alliance Securities Co. v. De Vilbiss Mfg. Co.Court of Appeals for the Sixth Circuit · 1930
- Art Metal Works, Inc. v. Abraham & Straus, Inc.Court of Appeals for the Second Circuit · 1934
- Gotham Silk Hosiery Co. v. Artcraft Silk Hosiery Mills, Inc.Court of Appeals for the Third Circuit · 1945
- Rollman Mfg. Co. v. Universal Hardware WorksCourt of Appeals for the Third Circuit · 1916
- Art Metal Works, Inc. v. Abraham & Straus, Inc.Court of Appeals for the Second Circuit · 1932
17 more not listed; retrieve them via the Exa API.