Smith v. Ely
Supreme Court of the United States
This cause came up from the Circuit. Court of- the United States for the District of Ohio, upon a certificate of division in opinion between the judges thereof. An action was brought by Smith, as the assignee of Morse and Vail, against Ely, O’Reilly, and others, for an infringement of Morse’s patent rights to the telegraph, which are particularly set forth in the report of the preceding case.
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This cause came up from the Circuit. Court of- the United States for the District of Ohio, upon a certificate of division in opinion between the judges thereof. An action was brought by Smith, as the assignee of Morse and Vail, against Ely, O’Reilly, and others, for an infringement of Morse’s patent rights to the telegraph, which are particularly set forth in the report of the preceding case. The first count of the declaration was upon the patent of 1840, surrendered and reissued in 1846. The second count was upon the patent for improvements in transmitting and recording intelligence, by the…
1Opinion of the CourtChief Justice Taney
The plaintiff in error is the assignee, within a certain tract of country, of the two patents grunted to Morse for his Electro Magnetic Telegraph, one in 1840, and the other in 1846, and both reissued in 1848. And this action was brought in the Circuit Court for the District of Ohio, for infringements of both of these patents, within the limits assigned to the plaintiff.
The defendants did not proceed in their defence in the manner authorized by the act of Congress, but pleaded the general issue, and seventeen special pleas. Upon some of these pleas issue was joined, and others were demurred…
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