Russell v. Kern
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. This was a suit in equity by John H. Russell against John F. Kern, surviving partner of the firm of J. B. A. Kern & Son, for infringement of certain patents for purifying middlings and dressing flour.
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Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin. This was a suit in equity by John H. Russell against John F. Kern, surviving partner of the firm of J. B. A. Kern & Son, for infringement of certain patents for purifying middlings and dressing flour. The case was first heard on demurrer to the amended bill. 58 Fed. 382. Afterwards the bill was further amended, and defendant again demurred thereto, which demurrer was sustained, and the bill dismissed for want of equity. 64 Fed. 581. Complainant appeals.
1Opinion of the Court
WOODS, Circuit Judge.
Error is assignable upon an order or ruling, but not upon the opinion of a court or the reasons given for a ruling. Caverly v. Deere, 13 C. C. A. 452, 66 Fed. 305. Of the assignment in this record only the first and fifth specifications were necessary or proper. They are to the effect that the circuit court erred in sustaining the demurrer to, and dismissing for want of equity, the second amended bill. It was filed March. 19, 1894,—the *95original bill having been filed May 31,1892.—to obtain an accounting and damages for infringement, and a,n injunction against further…
2Cases cited5 opinions
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Heald v. RiceSupreme Court of the United States · 1882
- Caverly v. DeereCourt of Appeals for the Seventh Circuit · 1895
- Oval Wood Dish Co. v. Sandy Creek, N. Y., Wood Manuf'g Co.U.S. Circuit Court for the District of Northern New York · 1894
- Fassett v. Ewart Manuf'g Co.Court of Appeals for the Seventh Circuit · 1894
3Cited by10 opinions
- Butcher v. Truck Insurance ExchangeCalifornia Court of Appeal · 2000
- Smart v. WrightCourt of Appeals for the Eighth Circuit · 1915
- McFarlane v. GollingCourt of Appeals for the Seventh Circuit · 1896
- Evans v. Suess Ornamental Glass Co.Court of Appeals for the Seventh Circuit · 1897
- Clark v. Deere & Mansur Co.Court of Appeals for the Seventh Circuit · 1897
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