Snead v. Scheble
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Northern District of Ohio. Suit in equity by Harry V. Snead, Harry V. Snead, administrator of the estate of Harriet V. Snead, deceased, and George A. Boughton against Eugene V. Scheble, the Michigan Steel Box Company, William B. Eonda, Charles H. Ostrander, administrator of the estate of Jacob W. Cornwell, deceased, and Clara Cornwell. Erom a decree dismissing the bill, complainants appeal.
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Appeal from the Circuit Court of the United States for the Western Division of the Northern District of Ohio. Suit in equity by Harry V. Snead, Harry V. Snead, administrator of the estate of Harriet V. Snead, deceased, and George A. Boughton against Eugene V. Scheble, the Michigan Steel Box Company, William B. Eonda, Charles H. Ostrander, administrator of the estate of Jacob W. Cornwell, deceased, and Clara Cornwell. Erom a decree dismissing the bill, complainants appeal. This suit was brought in equity to enjoin alleged infringement of certain letters patent granted by the United States for…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). Among the assignments of error, it is complained that the case should not have been disposed of on motion. But this need not be considered; for the decree of dismissal is final, and its soundness may be -fairly tested by the familiar rules applicable to a demurrer to evidence.
The inquiry then is whether, unless the question of the express company’s title to the patent should be otherwise disposed of, the company is an indispensable party. The failure to make it a party is sought to be justified upon the authority of Railroad Co. v. Trimble, 10 Wall. 367, 19…
2Cases cited15 opinions
- Clark v. WoosterSupreme Court of the United States · 1886
- Swan Land & Cattle Co. v. FrankSupreme Court of the United States · 1893
- Carpenter v. BellTennessee Supreme Court · 1896
- Parker v. Bethel Hotel Co.Tennessee Supreme Court · 1896
- Railroad Co. v. TrimbleSupreme Court of the United States · 1870
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3Cited by6 opinions
- Electric Boat Co. v. Lake Torpedo Boat Co.District Court, D. New Jersey · 1914
- Pond Creek Coal Co. v. HatfieldCourt of Appeals for the Sixth Circuit · 1917
- Butterfield v. MillerCourt of Appeals for the Sixth Circuit · 1912
- Rowe v. HillCourt of Appeals for the Sixth Circuit · 1914
- Cleveland Worsted Mills Co. v. Consolidated Textile Corp.Court of Appeals for the Third Circuit · 1923
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