Houghton v. Whitin Mach. Works

LOWELL, Circuit Judge.

Houghton filed a bill against the Whitin Machine Works to restrain the infringement of letters patent No. 795,769. The defendant duly answered thereto, and the complainant replied. Thereafter counsel for the complainant signified to counsel for the defendant that the complainant proposed to dismiss the bill without prejudice. Almost immediately after learning this, *228the defendant filed a cross-bill, having for its sole object to prevent the dismissal of the complainant’s bill without prejudice. 'This was admitted with honorable frankness by the defendant’s counsel at the…