Legal Opinion

Buerk v. Imhaeuser

U.S. Circuit Court for the District of Southern New York

Decided July 1, 1876PublishedCited by 2 opinions

[In equity. Suit by Jacob E. Buerk against William Imhaeuser, Theodore Hahn, and Charles Keinath for infringement of letters patent No. 48,048, for “an improvement in watchman’s time detectors,” issued to Jacob E. Buerk, as assignee of John Buerk, January 1, 1861, reissued August 22, 1865, and again reissued March 8, 1870, and numbered 3,869. There was a decree for an injunction and an accounting (see Case No. 2,106), and defendants now move for a new trial. [For exceptions…

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[In equity. Suit by Jacob E. Buerk against William Imhaeuser, Theodore Hahn, and Charles Keinath for infringement of letters patent No. 48,048, for “an improvement in watchman’s time detectors,” issued to Jacob E. Buerk, as assignee of John Buerk, January 1, 1861, reissued August 22, 1865, and again reissued March 8, 1870, and numbered 3,869. There was a decree for an injunction and an accounting (see Case No. 2,106), and defendants now move for a new trial. [For exceptions to master’s report, see Case No. 2,107, and, for proceedings to punish defendant Imhaeuser for contempt for violating…

1Opinion of the Court

JOHNSON, Circuit Judge.

This is a motion, substantially on the ground of newly-discovered evidence, to vacate the decree, allow the answer to be amended, and retry the cause. Of course such a departure from the ordinary course of the administration of justice could only be allowed for the gravest reasons and the plainest proof of the sufficiency of the newly-offered evidence to lead the court to a different result.

Upon a careful examination of the two watchmen’s time-detectors, which are produced in support of the application, I am of opinion that neither of them would have been regarded by my…

2Cases cited1 opinion

  1. Imhaeuser v. BuerkSupreme Court of the United States · 1880

3Cited by2 opinions

  1. Goldstein v. WhelanU.S. Circuit Court for the District of Northern New York · 1894
  2. Adair v. ThayerU.S. Circuit Court for the District of Southern New York · 1881

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