Tuttle v. Claflin
Court of Appeals for the Second Circuit
This was a motion for a writ of supersedeas, issuing out of the circuit court of appeals, to stay all proqeedings in the cause in the United States circuit court for the Southern district of ¡New York until the hearing and decision by the circuit court of appeals of the appeal that had been taken therein. The suit was in equity, for the infringement of certain letters patent for improvements in crimping and ruffling machines.
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This was a motion for a writ of supersedeas, issuing out of the circuit court of appeals, to stay all proqeedings in the cause in the United States circuit court for the Southern district of ¡New York until the hearing and decision by the circuit court of appeals of the appeal that had been taken therein. The suit was in equity, for the infringement of certain letters patent for improvements in crimping and ruffling machines. The final hearing resulted in an interlocutory decree for an accounting. 19 Fed. 599. The master reported $76,215.85 due 1o the complainant, as profits. The defendant…
1Opinion of the Court
WALLACE, Circuit Judge.
The question whether the decree appealed from is to be regarded as a final decree in the cause is not free from doubt. Apparently, it was not intended to be in formal, final disposition of the cause; but another was to be made in case the election reserved to the complainant, to reopen the case, should not be exercised pursuant to the conditions specified, and after proof of the default. Nevertheless, it is so expressed as to be final in case a notice should not be filed in the clerk’s office within a specified time, — a fact which could be ascertained merely by…
2Cases cited4 opinions
- Thomson v. DeanSupreme Court of the United States · 1869
- Rubber Company v. GoodyearSupreme Court of the United States · 1868
- French v. ShoemakerSupreme Court of the United States · 1871
- Fowler v. HamillSupreme Court of the United States · 1891
3Cited by3 opinions
- Prescott & A. C. Ry. Co. v. Atchison, T. & S. F. R.Court of Appeals for the Second Circuit · 1897
- United States v. NordbyeCourt of Appeals for the Eighth Circuit · 1935
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