Legal Opinion

Green v. City of Lynn

Court of Appeals for the First Circuit

Decided April 1, 1898No. 240PublishedCited by 12 opinions

Appeal from the Circuit Court of the United States for the District of Massachusetts. This case was heard in the circuit court upon the pleadings and proofs; and thereupon a final decree was entered on February 23, 1897, for the complainant, decreeing letters patent, reissue No. 4,372, dated May 9, 1871, to Nelson W. Green, for improvement in methods of constructing artesian wells, to be a good and valid patent, and that the complainant recover from the defendant, as profits…

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Appeal from the Circuit Court of the United States for the District of Massachusetts. This case was heard in the circuit court upon the pleadings and proofs; and thereupon a final decree was entered on February 23, 1897, for the complainant, decreeing letters patent, reissue No. 4,372, dated May 9, 1871, to Nelson W. Green, for improvement in methods of constructing artesian wells, to be a good and valid patent, and that the complainant recover from the defendant, as profits from its infringement of said patent, 811,425.87, with interest thereon from the date of the master’s report to the…

1Per curiam

We are of the opinion that this appeal was not taken within six months after the entry of the decree sought to be reviewed, as required by the act of March 3, 1891 (26 Stat. 829, c. 517, § 11), and that for this reason we have no jurisdiction thereof. The date of the entry of the decree in the circuit court was February *84024,1897. The six-months period expired August 24, 1897. The petition for an appeal, with the assignment of errors, was filed in the office of the clerk of the circuit court August 17, 1897. Nothing further was done within the six-months period. December 11, 1897, the following…

2Cases cited12 opinions

  1. Farrar v. ChurchillSupreme Court of the United States · 1890
  2. Credit Co. v. Arkansas Central Railway Co.Supreme Court of the United States · 1888
  3. Jehiel Brooks, in Error v. Samuel NorrisSupreme Court of the United States · 1851
  4. Evans v. State BankSupreme Court of the United States · 1890
  5. Edmonson v. BloomshireSupreme Court of the United States · 1869

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3Cited by12 opinions

  1. Benitez v. Bank of Nova ScotiaCourt of Appeals for the First Circuit · 1940
  2. Ross v. WhiteCourt of Appeals for the Sixth Circuit · 1929
  3. Camden Iron Works Co. v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1917
  4. Blaffer v. New Orleans Water Supply Co.Court of Appeals for the Fifth Circuit · 1908
  5. Popkin v. D. Ginsberg & Sons, Inc.Court of Appeals for the Second Circuit · 1931

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