Stimpson v. Brooks
U.S. Circuit Court for the District of Southern New York
This was a bill [by Charles N. Stimpson and others against Alanson E. Brooks] to stay the infringement of letters patent. A motion -was made on the bill, supported by affidavits, for an injunction. The motion was opposed by the answer of the defendant, and by affidavits on his part. Mr. Justice Nelson, before whom the motion was made, denied it, with costs.
Read the full summary
This was a bill [by Charles N. Stimpson and others against Alanson E. Brooks] to stay the infringement of letters patent. A motion -was made on the bill, supported by affidavits, for an injunction. The motion was opposed by the answer of the defendant, and by affidavits on his part. Mr. Justice Nelson, before whom the motion was made, denied it, with costs. The defendant charged, in his bill of costs, for these affidavits, as follows: — “14 depositions of witnesses, read in opposition to the motion, at $2 =°/i0o each, $35;” and the clerk allowed the charge, on taxation. The plaintiffs now…
1Opinion of the Court
BETTS, District Judge.
If this motion prevails, the order of the court awarding costs becomes, in effect, nugatory.
Deposition is a generic expression, embracing all written evidence verified by oath, and thus includes affidavits; but, in legal language, a distinction is maintained, in courts of law and chancery, between depositions and affidavits. A deposition is evidence given by a witness under interrogatories, oral or written, and usually written down by an official person; while an affidavit is the mere voluntary act of the party making the oath, and may be. and generally is, taken without…
2Cited by16 opinions
- Ferguson v. DentU.S. Circuit Court for the District of Western Tennessee · 1891
- Town of Checotah v. Town of EufaulaSupreme Court of Oklahoma · 1911
- Coy v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1882
- Michigan Aluminum Foundry Co. v. Aluminum Co. of AmericaU.S. Circuit Court for the District of Eastern Michigan · 1911
- Atwood v. JaquesU.S. Circuit Court for the District of Western Missouri · 1894
11 more not listed; retrieve them via the Exa API.