Legal Opinion

Davis-Bournonville Co. v. Alexander Milburn Co.

Court of Appeals for the Second Circuit

Decided May 26, 1924No. 348PublishedCited by 12 opinions

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). The case was tried below under a quite usual stipulation of parties with regard to plaintiff’s title to the patents in suit. After decision rendered, but before decree entered, defendant, having discovered some asserted defect in plaintiff’s title, moved to be relieved from its stipulation and in effect to retry the cause. This motion was denied, and defendant assigns for error the court’s refusal to permit withdrawal from the stipulation and filing a supplemental answer.

It is somewhat difficult to perceive defendant’s right to urge this point. We hear this…

2Cases cited20 opinions

  1. McClain v. OrtmayerSupreme Court of the United States · 1891
  2. Bate Refrigerating Co. v. SulzbergerSupreme Court of the United States · 1895
  3. The Corn-Planter PatentSupreme Court of the United States · 1874
  4. General Electric Co. v. AlexanderCourt of Appeals for the Second Circuit · 1922
  5. O. H. Jewell Filter Co. v. JacksonCourt of Appeals for the Eighth Circuit · 1905

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3Cited by12 opinions

  1. Western States MacH. Co. v. S. S. Hepworth Co.Court of Appeals for the Second Circuit · 1945
  2. Fleischman Yeast Co. v. Federal Yeast CorporationDistrict Court, D. Maryland · 1925
  3. Minnesota Mining & Mfg. Co. v. CoeCourt of Appeals for the D.C. Circuit · 1938
  4. Gowen v. HendryCourt of Customs and Patent Appeals · 1930
  5. Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp.Court of Appeals for the Third Circuit · 1934

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