Legal Opinion

Evans v. Jordan

Supreme Court of the United States

Decided March 18, 1815PublishedCited by 21 opinions

This w*as a case certified from the Circuit Court for the district of Virginia, in which, the judges were divided in opinion upon the question, whether after the expiration of the original patent granted to Oliver Evans, a general right to use his discovery, was not so vested in the public, as to require and justify such a construction of the act passed in January', 1808, entitled “ an act for the relief of Oliver Evans” as to exempt from either single or5treb]e damages, the…

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This w*as a case certified from the Circuit Court for the district of Virginia, in which, the judges were divided in opinion upon the question, whether after the expiration of the original patent granted to Oliver Evans, a general right to use his discovery, was not so vested in the public, as to require and justify such a construction of the act passed in January', 1808, entitled “ an act for the relief of Oliver Evans” as to exempt from either single or5treb]e damages, the nse, subsequent to the passage of the said act, of the machinery therein mentioned, w*as erected subsequent to the…

1Opinion of the Court

Washington, 3.

delivered the opinion of the Coot? as follows:

The question certified to this Court, by the Circuit Court for the district of .Virginia, and upon which the opinion of this Court is required, is, whether, after the expiration of the original patent granted, to Oliver Evans, a general right to use his discovery was not so vested in the public as to require and justify such a construction of the act pkssrd in January, 1808, entitled “ an act for the relief of Oliver Evans” as to exempt from either treble or single damages, the use, subsequent to the passage of the said act, of the…

2Cited by21 opinions

  1. Eldred v. AshcroftSupreme Court of the United States · 2003
  2. Bloomer v. McQuewanSupreme Court of the United States · 1853
  3. Underhill v. Van CortlandtNew York Court of Chancery · 1817
  4. Rein v. ClaytonU.S. Circuit Court for the District of Eastern Michigan · 1889
  5. Cook Pottery Co. v. J. H. Parker & SonWest Virginia Supreme Court · 1921

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