Gamewell Fire-Alarm Telegraph Co. v. City of Chillicothe
United States Circuit Court
In Equity. Demurrer to Bill for Multifariousness. This bill is brought for infringement of letters patent, and sets out three separate and distinct patents.
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In Equity. Demurrer to Bill for Multifariousness. This bill is brought for infringement of letters patent, and sets out three separate and distinct patents. The first patent, ÜSTo. 76,651, dated April 14,1868, was issued to Charles Q-. Page for new and useful improvements in induction-coil apparatus and circuit breakers, and afterwards Priscilla W. Page, as administratrix of C. GK Page, and the Western Onion Telegraph Company, as assignee, became exclusive owners of said inventions and letters patent. Afterwards, on the tenth day of October, 1871, re-issued letters patent for the same…
1Opinion of the Court
Swing, D. J.
The rule of pleading as to multifariousness is founded on convenience—convenience to the defendant. McLean, Assignee, v. Bank of Lafayette, 4 McLean, 418; Fellows v. Fellows, 4 Cow. 682.
This rule forbids the joining of distinct and independent matters in one bill, and thereby confounding them; as, for example, the uniting in one bill of several matters perfectly distinct and unconnected against one defendant, or the demand of several matters of different natures against several defendants in the same bill. Story’s Eq. Pl. 271; Mitford’s Eq. Pl. 181.
Whether this rule applies to any…
2Cases cited4 opinions
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Nourse v. AllenU.S. Circuit Court for the District of Southern New York · 1859
- Case v. RedfieldU.S. Circuit Court for the District of Indiana · 1849
3Cited by3 opinions
- Wilkins Shoe-Button Fastener Co. v. WebbU.S. Circuit Court for the District of Northern Ohio · 1898
- Union Switch & Signal Co. v. Philadelphia & R. R.U.S. Circuit Court for the District of Eastern Pennsylvania · 1895
- Diamond Match Co. v. Ohio Match Co.U.S. Circuit Court for the District of Northern Ohio · 1897