Van Orden v. Mayor of Nashville
U.S. Circuit Court for the District of Middle Tennessee
These were actions at law, brought, respectively, by Edward Van Orden and William A. Briekill, against the mayor and city council of Nashville, to recover damages for the Infringement of letters patent No. 81,132, Issued to said Briekill, August 8, 1868, for an improvement in feed-water heaters for steam fire engines. The cases were heard upon demurrer to the declaration because of nonjoinder of parties plaintiff.
1Opinion of the Court
CLARK, District Judge.
These are actions at law brought for alleged infringement of patent. In the first case Van Orden sues as the assignee of an undivided fourth interest in the invention^ and makes the city of Nashville, with Briekill, the patentee, and others, defendants, it being averred that Briekill still owns a one-fourth share of the patent, and the other defendants (except the city) the remaining half thereof. The infringement alleged and damages claimed are against the city only, and the reason stated for making the owners of the other undivided parts defendants, instead of joining…
2Cases cited6 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Moore v. MarshSupreme Court of the United States · 1869
- Pope Manufacturing Co. v. Gormully & Jeffery Manufacturing Co.Supreme Court of the United States · 1892
- Farni v. TessonSupreme Court of the United States · 1862
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3Cited by4 opinions
- Electric Boat Co. v. Lake Torpedo Boat Co.District Court, D. New Jersey · 1914
- Switzer Brothers, Inc. v. James P. Byrne, D.B.A. Byrne Wallpaper & Paint StoreCourt of Appeals for the Sixth Circuit · 1957
- Bendix Aviation Corporation v. KuryDistrict Court, E.D. New York · 1950
- Stuff v. La Budde Feed & Grain Co.District Court, E.D. Wisconsin · 1941