Woodworth v. Edwards
U.S. Circuit Court for the District of Maine
This was a bill in chancery, praying for an injunction against the respondents [James Edwards and others] for using a planing machine, the patent for which was alleged to be vested in the plaintiffs [William w.
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This was a bill in chancery, praying for an injunction against the respondents [James Edwards and others] for using a planing machine, the patent for which was alleged to be vested in the plaintiffs [William w. Wood-worth and others]. The allegations were as usual in this class of cases, several of which, in this circuit, have been before tried and reported, stating, among other things, the original invention to have been made and patented in December, 1828, by William Wood-worth, since deceased—his rights to have become vested in the plaintiffs—an extension to have been granted of the…
1Opinion of the Court
WOODBURY, Circuit Justice.
We have requested the demurrer in this case to be argued first, as a demurrer may affect both a temporary and permanent injunction. In the natural order of things, such an objection, by demurrer, which may turn out to be one of form merely, ought to be considered before the merits of the application. In a prayer for an injunction and a demurrer filed, it has been adjudged that the demurrer should be first heard and disposed of. 6 Madd. 299; 1 Smith, Ch. Prae. 214.
The first ground assigned for this demurrer, is the want of an oath to the bill, or any evidence in its…
2Cases cited3 opinions
- Wilson v. RousseauSupreme Court of the United States · 1846
- Lansing v. PineNew York Court of Chancery · 1834
- In re RussellNew York Court of Chancery · 1845
3Cited by3 opinions
- Black v. Henry G. Allen Co.U.S. Circuit Court for the District of Southern New York · 1890
- Antisdel v. Chicago Hotel Cabinet Co.Court of Appeals for the Seventh Circuit · 1898
- Niles v. United States Trust Co.Court of Appeals for the D.C. Circuit · 1903