Burrell v. Hackley
U.S. Circuit Court for the District of Northern New York
In Equity. Action for infringement of patent. This is an equity action for infringement, brought by David H. Burrell and others against Arthur 0. Hackley. The hill is founded upon three letters patent, one of which, No. 166,353, is for an improvement in veneer-cutting machines.
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In Equity. Action for infringement of patent. This is an equity action for infringement, brought by David H. Burrell and others against Arthur 0. Hackley. The hill is founded upon three letters patent, one of which, No. 166,353, is for an improvement in veneer-cutting machines. To that portion of the hill relating to this patent the defendant has interposed a plea alleging that on the 7th of February, 1876, the then owners, having made the necessary oath that it was inoperative or invalid, surrendered the patent for reissue; that such application had not, at the time of the commencement of…
1Opinion of the CourtCoxe, J.
Nothing is before the court but the bill and plea, and all the allegations of the latter are admitted. The rule in this regard is well settled. By replying to a plea the complainant denies its *834but admits its sufficiency; by setting it down for argument he admits its truth, but denies its sufficiency. In this case the complainants have chosen the latter course. They have admitted the facts, and have, in legal effect, demurred to the plea. Rhode Island v. Massachusetts, 14 Pet. 210; Myers v. Dorr, 13 Blatchf. 22; Birdseye v. Heilner, 26 Fed. Rep. 147; Cottle v. Krementz, 25 Fed. Rep. 494; Korn…
2Cases cited4 opinions
- The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1840
- Peck v. CollinsSupreme Court of the United States · 1881
- Moffitt v. GarrSupreme Court of the United States · 1862
- Myers v. DorrU.S. Circuit Court for the District of Vermont · 1870
3Cited by7 opinions
- General Electric Co. v. New England Electric Mfg. Co.Court of Appeals for the Second Circuit · 1904
- Gross v. NorrisDistrict Court, D. Maryland · 1927
- Palmer Pneumatic Tire Co. v. LozierU.S. Circuit Court for the District of Northern Ohio · 1895
- General Electric Co. v. New England Electric Mfg. Co.District Court, S.D. New York · 1903
- American Sulphite Pulp Co. v. Bayless Pulp & Paper Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1908
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