Fish v. Manning

This action is brought to recover $100,000 penalties for the alleged offense of stamping certain patented articles made .by the defendants without the patentee’s consent, under section 4901 of the United States Revised Statutes. A demurrer to the complaint has been interposed on various grounds.

This offense is not made criminal by statute, although penal; and it is therefore to be distinguished, in some important respects, from the case cited of Boyd v. U. S., 116 U. S. 634, 6 Sup. Ct. Rep. 524. The sufficiency of the complaint is to be determined according to the rules applicable to civil…