Allen v. Blunt
U.S. Circuit Court for the District of Massachusetts
At law. This was an action on the case [by Ethan Allen against Orson Blunt and others] for a violation of a patent right lor a self-eocking pistol.
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At law. This was an action on the case [by Ethan Allen against Orson Blunt and others] for a violation of a patent right lor a self-eocking pistol. The suit was instituted September 2, 1844, and counted on a patent [No. 461] issued for the last time on the 3d of August, 1844, but which had originally issued, November 11, 1837, and been surrendered and cancelled for a defective specification, January 15, 1844, as well as again August 3,. 1844. The plea was not guilty, accompanied by notices of a prior knowledge and use of the same modes of constructing locks to fire-arms, in various places and…
1Opinion of the Court
WOODBURY,. Circuit Justice.
The counsel for the defendants have assigned reasons for these two motions, which undoubtedly seemed to them well founded in fact, as well as sufficient in law. But the trial having ended June 24, 1846, and these reasons not having been filed till July 15, 1846, twenty-one days after, and when the court was not in session, they are open to greater chances of mistake, and cannot so easily and satisfactorily be corrected, if erroneous, as when filed near the time of the trial. The reasons for the delay, however, are satisfactory; but do not lessen or remove at all the…
2Cases cited63 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Coleman v. SouthwickNew York Supreme Court · 1812
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
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3Cited by3 opinions
- Cunningham v. SpringerSupreme Court of the United States · 1907
- Hall v. BrownSupreme Court of New Hampshire · 1877
- Union Pac. Ry. Co. v. ReeseCourt of Appeals for the Ninth Circuit · 1893