Avery v. Wilson

This cause was set for hearing at this term by consent of parties. The proofs establish the fact that the plaintiffs are the owners of the patent-right as claimed. The defendant, in his answer, admits the infringement alleged, but insists by way of defense that he was a lunatic at the time of the tortious acts complained of, and had been so ascertained and declared by the proper inquisition of a jury. Since this finding, and before the commencement of this suit, another jury, upon inquisition, have found that he had become sane and was capable of attending to his business affairs.

As a general…