Singer Sewing Mach. Co. v. American Safety Table Co.

KIRKPATRICK, Chief Judge.

1. The defendant’s motion directed to the jurisdiction of this Court to entertain this suit calls for an examination of the nature of the cause of action stated. If the cause of action partakes of the nature of a claim for additional costs (solicitor and client costs) or a proceeding to assess an additional penalty of some kind against the defendant, there might be ground for the defendant’s contention that the action could be prosecuted only before the Court of Appeals which adjudicated the fraud and righted the wrong, to the extent at least of restoring the…