Legal Opinion
Smith v. James Mfg. Co.
District Court, W.D. New York
Decided November 5, 1937No. 253PublishedCited by 1 opinion
1Opinion of the Court
KNIGHT, District Judge.
This motion is made for leave to take testimony of certain witnesses to establish a basis preliminary to an application to include as costs expenses of the defendants not heretofore taxed. The basis for the motion is the alleged “vexatious and un*637warranted prosecution of this suit by plaintiff with full knowledge of the invalidity of the patent during the entire prosecution of this suit.”
The defendants are not entitled to tax these expenses as costs by virtue of any statute. None of the cases cited by the defendants support a claim that they are.
In Appliance Inv. Co. v.…
2Cases cited18 opinions
- Keystone Driller Co. v. General Excavator Co.Supreme Court of the United States · 1933
- Toledo Scale Co. v. Computing Scale Co.Supreme Court of the United States · 1923
- Smith v. HallSupreme Court of the United States · 1937
- Bein v. HeathSupreme Court of the United States · 1848
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
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3Cited by1 opinion
- B. B. Chemical Co. v. Cataract Chemical Co.District Court, W.D. New York · 1941