Lyon v. Perin & Gafe Manufacturing Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOE THE DISTRICT OF INDIANA. The following is the qase, as stated by the court. •This is a suit in equity brought in' the Circuit Court of the United States for the District of Indiana by Nelson Lyon against The Perin and Gaff Manufacturing Company, praying an injunction and -damages for an alleged infringement of reissued letters-patent No. 9198, dated May 11, 1880, owned by complainant, for an improvement in “metallic…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOE THE DISTRICT OF INDIANA. The following is the qase, as stated by the court. •This is a suit in equity brought in' the Circuit Court of the United States for the District of Indiana by Nelson Lyon against The Perin and Gaff Manufacturing Company, praying an injunction and -damages for an alleged infringement of reissued letters-patent No. 9198, dated May 11, 1880, owned by complainant, for an improvement in “metallic stiffeners for boot and shoe heels.” The bill of complainant, after the usual recitals necessary in a suit of this…
1Opinion of the CourtJustice Lamar
The only- material question for consideration is as to the effect of the decree of the Circuit Court of the United States for the Southern District’ of Ohio, rendered May 4y 1882, which is correctly found to be- still in full force, as a bar to the prosecution of this suit.
It is well settled that, in order to render a matter res adjudicate, there must be a concurrence of the four conditions, viz.: (1) Identity in the thing sued for; (2) Identity of the cause, of action; (3) Identity of persons and pa/rties to the action; and (4) Identity o^' the quality in the persons for or against whom the…
2Cases cited1 opinion
- Durant v. Essex Co.Supreme Court of the United States · 1869
3Cited by38 opinions
- Lawrence v. NelsonSupreme Court of the United States · 1892
- Dennison v. PayneCourt of Appeals for the Second Circuit · 1923
- Burt v. SmithSupreme Court of the United States · 1906
- Martin v. EvansCourt of Appeals of Maryland · 1897
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
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