Andrews v. Thum
Court of Appeals for the First Circuit
Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a bill by Otto and William Thum against John A. Andrews, William Y. Wadleigh, .<>. F. Bullard, and William A. Dole, trading under the name of John A. Andrews & Co., for alleged infringement of two patents relating to fly paper. The circuit court rendered a decree for complainants (53 Fed. 84), and defendants appealed.
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Appeal from the Circuit Court of the United States for the District of Massachusetts. This was a bill by Otto and William Thum against John A. Andrews, William Y. Wadleigh, .<>. F. Bullard, and William A. Dole, trading under the name of John A. Andrews & Co., for alleged infringement of two patents relating to fly paper. The circuit court rendered a decree for complainants (53 Fed. 84), and defendants appealed. On June 23, 1894, a motion made by the appellees to dismiss the appeal was denied by this court. 12 O. C. A, 77, 64 Fed. 149. The case is now heard upon the merits.
1Opinion of the Court
COLT, Circuit Judge.
Since the decision rendered June 23, 1894, denying the motion to dismiss this appeal, the objections to the validity of the appeal now urged by the appellees are not open, and the case comes before the court at this time for decision on its merits.
The Peck patent (No. 125,326), which is printed in the record, cannot be considered by the court, for the reason that it was not *912set up in the answer, and was first introduced as evidence in the court below in support of a motion for rehearing and to reopen the case, which was denied.
This suit was brought for the infringement of…
2Cases cited2 opinions
- Knapp v. MorssSupreme Court of the United States · 1893
- Aron v. Manhattan Railway Co.Supreme Court of the United States · 1889
3Cited by8 opinions
- Klein v. City of SeattleCourt of Appeals for the Ninth Circuit · 1896
- Keszthelyi v. Doheny Stone Drill Co.Court of Appeals for the Ninth Circuit · 1932
- Linscott Supply Co. v. HopewellCourt of Appeals for the First Circuit · 1914
- Kil-Nock Co. v. Chicago Plating Co.District Court, N.D. Illinois · 1926
- Christy v. Hygeia Pneumatic Bicycle Saddle Co.Court of Appeals for the Fourth Circuit · 1899
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