Leonard v. Barnum
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Action to set aside a sale of plaintiffs’ interest in a patent right. The case is stated in the opinion. argued that the circuit court had jurisdiction of the action, which relates only to the title of the patent as an article of property, and involves no question as to the validity, construction or infringement of the patent in question.
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APPEAL from the Circuit Court for Kenosha County. Action to set aside a sale of plaintiffs’ interest in a patent right. The case is stated in the opinion. argued that the circuit court had jurisdiction of the action, which relates only to the title of the patent as an article of property, and involves no question as to the validity, construction or infringement of the patent in question. Patent Act of July 9, 1870, secs. 58, 59, 22, 86, 38, 39, 61 and 62; Const, of U. S., art. I, sec. 8; Gilson v. Wood-worth, 8 Paige, 134; Burrallv. Jewett, 2id., 144; Richv. Hotch-kiss, 16 Conn., 414; Bloomer…
1Opinion of the CourtCole, J.
These are cross appeals from portions of the same judgment. The action is brought on behalf of the children and heirs of one Andrew Leonard, deceased, to set aside a sale and transfer of their title and interest in a patent right, issued by the government in 1857 to their father, for an improved method of casting thimble skeins for wagons, and for producing seamless thimble skeins. This interest, and all the right of the children in the extension of the patent, were sold in January, 1871, by John Benedict, acting as the administrator of the es *107tate of Andrew Leonard, deceased, and by Thomas…
2Cases cited1 opinion
- Page v. DickersonWisconsin Supreme Court · 1871
3Cited by4 opinions
- Nysewander v. LowmanIndiana Supreme Court · 1890
- Salmon v. Olds & KingOregon Supreme Court · 1881
- Roberts v. Sears, Roebuck and Co.District Court, N.D. Illinois · 1979
- Dailey v. KastellWisconsin Supreme Court · 1883