Hathaway v. Roach
U.S. Circuit Court for the District of Massachusetts
This was an action [by Joshua G. Hathaway against William Roach) for a violation of a patent of the plaintiff for a two-flue stove for cooking. [Patent No. 505, granted Dec. 7,1837.] At the' trial here at this term, several rulings were made, and the cause not finished as to the testimony when the plaintiff became nonsuit.
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This was an action [by Joshua G. Hathaway against William Roach) for a violation of a patent of the plaintiff for a two-flue stove for cooking. [Patent No. 505, granted Dec. 7,1837.] At the' trial here at this term, several rulings were made, and the cause not finished as to the testimony when the plaintiff became nonsuit. But the case had been on trial between two and three weeks before the nonsuit, and by agreement between the parties, without any order from the court except to acquiesce in the agreement, the trial had been suspended and postponed for about ten days, after it had been in…
1Opinion of the Court
WOODBURY, Circuit Justice.
Most of the different objections to the bill of costs in this case are to items not specially provided for by any statute. If allowed at all, then, it is to be from considerations of what is reasonable and equitable, or the practice of courts rather than any positive statutes, or adjudged precedents, which are reported either in this state or the United States. It is a little extraordinary that no act of congress gives any express direction for taxing any of the items in controversy, except perhaps one, and that very few directions exist in any such acts, unless as…
2Cases cited3 opinions
- Williams v. WrightNew York Supreme Court · 1828
- Lyon ex dem. Eden v. WilkesNew York Supreme Court · 1823
- Pearson v. T. Rockhill & Co.Court of Appeals of Kentucky · 1843
3Cited by1 opinion
- T. H. Symington & Son, Inc. v. Symington Co.District Court, D. Maryland · 1935