Blake Crusher Co. v. Ward
U.S. Circuit Court for the District of Eastern Michigan
In equity. Motion for a preliminary injunction on bill of complaint and accompanying affidavits, to restrain the defendants from an alleged infringement of a patent for a stone crusher. The affidavits were made, some in Connecticut and some in Pennsylvania, and were all sworn to before notaries public. They were all made before this suit was commenced.
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In equity. Motion for a preliminary injunction on bill of complaint and accompanying affidavits, to restrain the defendants from an alleged infringement of a patent for a stone crusher. The affidavits were made, some in Connecticut and some in Pennsylvania, and were all sworn to before notaries public. They were all made before this suit was commenced. They are, nevertheless, all entitled in a cause the same as is the entitling of this case, notwithstanding that no such cause was pending or in existence at the times the affidavits were made. The bill was signed and the verification of the…
1Opinion of the Court
LONGYEAR, District Judge.
First. As to the officers before whom the verification and affidavits were taken. The act of congress of July 29th. 1854 (10 Stat. 315), provides, “that notaries public be and they are hereby authorized to take depositions, and do such other acts in relation to evidence to be used in the courts of the United States, in the same manner and with the same effect as commissioners to take acknowledgment of bail and affidavits may now lawfully take or do.” I think it safe to assume that taking of verifications to bills and answers, and of affidavits in support of or to…
2Cases cited5 opinions
- Benson v. MatsdorfNew York Supreme Court · 1807
- In re BronsonNew York Supreme Court · 1815
- Milliken v. SelyeNew York Supreme Court · 1846
- Humphrey v. CandeNew York Supreme Court · 1824
- Hawley v. DonnellyNew York Court of Chancery · 1840