Legal Opinion

Goodyear Dental Vulcanite Co. v. Folsom

United States Circuit Court

Decided July 23, 1880PublishedCited by 4 opinions

The petitioner in this case presented, by its solicitors, to the circuit judge, at Boston, the following petition: “To the Hon. John Lowell, Circuit Judge of said Court, at Boston : “Bespeetfully represents unto your honor the said Goodyear Dental Yulcanite Company, that on the seventeenth day of July, 1880, your petitioner filed its bills of complaint in said court against the said defendants, charging them with infringement of certain letters patent of the United States,…

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The petitioner in this case presented, by its solicitors, to the circuit judge, at Boston, the following petition: “To the Hon. John Lowell, Circuit Judge of said Court, at Boston : “Bespeetfully represents unto your honor the said Goodyear Dental Yulcanite Company, that on the seventeenth day of July, 1880, your petitioner filed its bills of complaint in said court against the said defendants, charging them with infringement of certain letters patent of the United States, owned by your petitioner, and supported by due affidavits showing such infringement, and afterwards applied to the Hon.…

1Opinion of the CourtLowell, C. J.

I have been applied to at Boston for an order preceding an injunction in these cases, which are pending in New Hampshire, though the circuit court will be sitting there in a few days, on the ground that the district judge of New Hampshire cannot issue the writ, sitting as the circuit court, when a circuit judge can be found. This point of law I do not agree to. Section 719 of the Bevised Statutes contains certain qualifications of the powers of district judges, which had become of little use long before the statutes were revised, and were supposed by many persons to have been *511repealed. That…

2Cases cited1 opinion

  1. Robinson v. SatterleeU.S. Circuit Court for the District of California · 1874

3Cited by4 opinions

  1. Starr v. Chicago, R. I. & P. Ry. Co.U.S. Circuit Court for the District of Nebraska · 1901
  2. United States v. WeberU.S. Circuit Court for the District of Western Virginia · 1902
  3. McDowell v. KurtzCourt of Appeals for the Third Circuit · 1896
  4. United States v. MillerU.S. Circuit Court for the Southern District of Georgia · 1911

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