Campbell v. Haverhill
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. This was an action at law for the infringement of letters patent No. 42,920, issued May 24, 1864, to James Knibbs for an improvement in fire-engine pumps, of which patent plaintiffs were the assignees.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. This was an action at law for the infringement of letters patent No. 42,920, issued May 24, 1864, to James Knibbs for an improvement in fire-engine pumps, of which patent plaintiffs were the assignees. The patent expired May 24, 1881. The action was begun May 20, 1887, in the name of Ruel Philbrook and several others, among whom was Christopher C. Campbell, the plaintiff in error, claiming to be at different times assignees of the patent and of claims for infringements of the same. Defendant pleaded among other…
1Opinion of the CourtJustice Brown
1: Although the plaintiffs upon the trial excepted to the ruling of the court that Philbroolc could not sue in the name of all the assignors, but only in the name of the party or parties who held the title to the patent for the time being, they did not stand upon such exception, but elected to discontinue as to all the plaintiffs except Campbell, and proceeded in his name. We think the plaintiff must be held to abide by his election, and to have waived the first error assigned by him. We have repeatedly held that, where, a party upon a trial excepts to a ruling of the court, but does not…
2Cases cited35 opinions
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