Legal Opinion

Herrick v. Cutcheon

Court of Appeals for the First Circuit

Decided February 3, 1893No. 48PublishedCited by 4 opinions

Appeal from the Circuit Court of the United States for the District of Massachusetts. In Equity. This was a suit by James C. Cutcheon and Charles S. Johnson against George W. Herrick, Frederick W. Herrick, and George H. Herrick for the infringement of letters patent Ho. 384,893, issued June 19, 1892, to the assignees of James C. Cutcheon, for an improvement in “beating-out machines.” The court rendered an opinion (52 Fed.

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Appeal from the Circuit Court of the United States for the District of Massachusetts. In Equity. This was a suit by James C. Cutcheon and Charles S. Johnson against George W. Herrick, Frederick W. Herrick, and George H. Herrick for the infringement of letters patent Ho. 384,893, issued June 19, 1892, to the assignees of James C. Cutcheon, for an improvement in “beating-out machines.” The court rendered an opinion (52 Fed. Eep. 147) sustaining the patent, finding that it had been infringed, and concluding with the words, “Decree for complainants.” Thereupon, and before any decree was entered,…

1Opinion of the Court

PEE CUBIAM.

Whatever may he the practice of the circuit court as to drawing out decrees before they become effective as such, it is plain that the docket entry in this case, containing only the words, “Opinion — Decree for complainants,” does not constitute a decree for an injunction required to give this court jurisdiction, nor can the docket entry he aided for that purpose by reference to the opinion. The appeal was taken prematurely, and is dismissed.

2Cited by4 opinions

  1. Cochran v. M & M TRANSP. CO.Court of Appeals for the First Circuit · 1940
  2. Mack v. LevyU.S. Circuit Court for the District of Southern New York · 1894
  3. In re Brookstone Mfg. Co.Court of Appeals for the First Circuit · 1917
  4. CFTC v. Zelener, MichaelCourt of Appeals for the Seventh Circuit · 2004

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