Sarrazin v. W. R. Irby Cigar & Tobacco Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of tlie United States for the Eastern District of Louisiana. This action was brought by Cheri E. Sarrazin, a citizen of Mississippi, against the W. R. Irby Cigar & Tobacco Company, Limited, a corporation organized under the laws of the state of Louisiana, and domiciled in the city of New Orleans, to recover damages for the alleged infringement of a trade-mark (“King Bee,” etc.) for smoking tobacco.
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In Error to the Circuit Court of tlie United States for the Eastern District of Louisiana. This action was brought by Cheri E. Sarrazin, a citizen of Mississippi, against the W. R. Irby Cigar & Tobacco Company, Limited, a corporation organized under the laws of the state of Louisiana, and domiciled in the city of New Orleans, to recover damages for the alleged infringement of a trade-mark (“King Bee,” etc.) for smoking tobacco. The infringement is alleged to have been committed in the years 1896, 1897, and 1898. The plaintiff avers in his petition that he registered his said trade-mark in the…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). Where there is an issue of fact in the circuit court, and a jury is waived, and the cause submitted to the court, as permitted in sections 649, 700, Rev. St., there is nothing to review in the appellate court, except (1) rulings of the court in the progress of the trial, if excepted to at the time, and duly presented by a bill of exceptions; and, (2) when the finding is special, the review may extend to the determination of the sufficiency of the facts found to support the judgment. Under the jurisprudence of the state of Louisiana, the judgment accepting…
2Cases cited17 opinions
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Kidd v. JohnsonSupreme Court of the United States · 1880
- President of the Bank of Tennessee v. HornSupreme Court of the United States · 1855
- Muse v. YarbóroughSupreme Court of Louisiana · 1838
- Ryder v. HoltSupreme Court of the United States · 1888
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- United States Ozone Co. v. United States Ozone Co. of AmericaCourt of Appeals for the Seventh Circuit · 1932
- The Children's Bootery v. SutkerSupreme Court of Florida · 1926
- McCampbell v. New York Life Ins.Court of Appeals for the Fifth Circuit · 1923
- Peck Bros. & Co. v. Peck Bros.Court of Appeals for the Seventh Circuit · 1902
- American Dirigold Corp. v. Dirigold Metals Corp.Court of Appeals for the Sixth Circuit · 1942
9 more not listed; retrieve them via the Exa API.