Oehring v. Fox Typewriter Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by August J. Oehring and another against the Fox Typewriter Company and the 2Etna Casualty & Surety Company. From an order of the District Court, complainants appeal.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by August J. Oehring and another against the Fox Typewriter Company and the 2Etna Casualty & Surety Company. From an order of the District Court, complainants appeal. Prior to May 26, 1917, the District Court entered a decree in this cause, adjudging the recovery of certain moneys from defendant by plaintiff; the action being the ordinary suit against an infringer of a patent. Jfrom this decree defendant appealed to this court, and on such appeal gave a bond in the sum of íjiñOO, with the…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Undoubtedly the bond given was not a supersedeas bond. The discrepancy between the recovery and the security negatived any such inference. Lee v. Jackson, etc., Co. (C. C. A.) 261 Fed. 721. The question submitted, therefore, is whether, when what in this circuit is commonly called a bond for costs on appeal is given, such bond, when in the language of this instrument, affords security for the costs of the trial court, as well as for those of the appellafe tribunal. It is well to remember that all costs, trial as well as appellate, are creatures of statute,…
2Cases cited9 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Potter v. GardnerSupreme Court of the United States · 1831
- American Surety Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1917
- Fidelity & Deposit Co. of Maryland v. Expanded Metal Co.Court of Appeals for the Third Circuit · 1910
- Cameron v. PaulSupreme Court of Pennsylvania · 1849
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3Cited by7 opinions
- American Trust Co. v. Speers Sand & Clay Works, Inc.District Court, D. Maryland · 1932
- City of New York v. SlayneDistrict Court, E.D. New York · 1941
- Massachusetts Bonding & Ins. v. Clymer Mfg. Co.Court of Appeals for the Tenth Circuit · 1931
- United States v. Fidelity & Deposit Co. of BaltimoreCourt of Appeals for the Ninth Circuit · 1937
- Leviton v. PugsleyDistrict Court, D. Minnesota · 1932
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