Elliott Addressing Mach. Co. v. New England Telephone & Telegraph Co.

BREWSTER, District Judge.

In the above-entitled suit in equity, brought to establish infringement of a patent held by the plaintiff, the plaintiff has filed a motion to dismiss its bill without prejudice. The defendant opposes this motion on the grounds that these proceedings have now gone beyond a point where the plaintiff is entitled as of right to discontinue, and that the circumstances here are such that it ought not to be permitted to do so. The pleadings have been completed, and the case is now ready for trial on the merits. No counterclaim or other request for affirmative relief has…