Prouty v. Draper
U.S. Circuit Court for the District of Massachusetts
Case for infringement of a patent for an improvement in the manufacture of ploughs. The cause was argued at a former term of the court, upon the general issue, and a verdict was found for the defendants. [Case No. 11,446.] A bill of exceptions to the opinion of the court was filed at the trial; and a writ of error was taken by the plaintiffs [David Prouty & Co.] to the supreme court upon the exceptions, and the judgment rendered in favor of the defendants [Draper, Ruggles &…
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Case for infringement of a patent for an improvement in the manufacture of ploughs. The cause was argued at a former term of the court, upon the general issue, and a verdict was found for the defendants. [Case No. 11,446.] A bill of exceptions to the opinion of the court was filed at the trial; and a writ of error was taken by the plaintiffs [David Prouty & Co.] to the supreme court upon the exceptions, and the judgment rendered in favor of the defendants [Draper, Ruggles & Co.], and at the last January term of the court the judgment for the defendants was affirmed. See 16 Pet. [41 U. S.]…
1Opinion of the Court
STORY, Circuit Justice.
There does not appear to me to be any real difficulty as to the taxation of costs in this case. The first objection, taken by the plaintiffs, is to taxing the costs of witnesses, who personally attended at the trial, for their personal travel and attendance, they being more than one hundred miles from the place of trial. By the judicial act of 1789, c. 20, § 30, their depositions might, under such circumstances, have been taken, and used at the trial. The objection is that their personal attendance might have been dispensed with, and, therefore, that their travel and…
2Cited by11 opinions
- United States v. Armour & Co.District Court, N.D. Illinois · 1906
- United States v. SanbornU.S. Circuit Court for the District of Massachusetts · 1886
- The VernonDistrict Court, E.D. Michigan · 1888
- Hanchett v. HumphreyU.S. Circuit Court for the District of Nevada · 1899
- Burrow v. Kansas City, Ft. S. & M. R.U.S. Circuit Court for the District of Western Tennessee · 1893
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