Brush Electric Co. v. Electric Imp. Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. On motion to dismiss appeal. Statement by Knowles, District Judge: The California Electric Light Company', and the San Jose Light & Power Company, desiring to commence a suit against the Electric Improvement Company of San Jose, for an'infringement of a certain patent, joined with them as a plaintiff the Brush Electric Company.
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Appeal from the Circuit Court of the United States for the Northern District of California. On motion to dismiss appeal. Statement by Knowles, District Judge: The California Electric Light Company', and the San Jose Light & Power Company, desiring to commence a suit against the Electric Improvement Company of San Jose, for an'infringement of a certain patent, joined with them as a plaintiff the Brush Electric Company. After the bill of complaint had been tiled in the circuit court for the district of California, the Brush Electric Company came into said court, and moved that the said cause be…
1Opinion of the Court
Knowles, District Judge.
In this court the California Electric Light Company moves this court to dismiss this appeal, on the ground that the order overruling this motion was not subject to appeal, the same not being a final decision. The matter presented for consideration in this motion in the court below was not one presented in the bill of complaint. It was not a matter sought in any manner to be determined by that bill. The order overruling this motion should not be termed an “interlocutory decree.” An “interlocutory decree” is generally applied to decrees in which some matter, either oL…
2Cases cited5 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- Williams v. MorganSupreme Court of the United States · 1884
- Sharon v. SharonCalifornia Supreme Court · 1885
- Bronson v. Railroad Co.Supreme Court of the United States · 1863
- Terry v. SharonSupreme Court of the United States · 1889
3Cited by8 opinions
- Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Cassatt v. Mitchell Coal & Coke Co.Court of Appeals for the Third Circuit · 1907
- Satterlee v. HarrisCourt of Appeals for the Tenth Circuit · 1932
- Wright v. Taft-Peirce Mfg. Co.Court of Appeals for the First Circuit · 1923
- States v. BroudeDistrict Court, D. Minnesota · 1924
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