Hanks Dental Assn. v. International Tooth Crown Co.
Supreme Court of the United States
ON A CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The certificate in this case is as follows: “This cause comes here upon a writ of error for the review of the judgment of the Circuit Court for the Southern District of New York, entered.upon the verdict of a jury in favor of the defendant in error, The International Tooth Crown Company, sustaining the validity of a patent and awarding • damages for infringement.
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ON A CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The certificate in this case is as follows: “This cause comes here upon a writ of error for the review of the judgment of the Circuit Court for the Southern District of New York, entered.upon the verdict of a jury in favor of the defendant in error, The International Tooth Crown Company, sustaining the validity of a patent and awarding • damages for infringement. Upon examination of the record it appears that the sole evidence of infringement was found in the deposition of the president of the Hanks Dental Association,…
1Opinion of the CourtChief Justice Fuller
Section 870 of the Code of Civil Procedure of New York provides that “the deposition of a party to an action pending in a court of record or of a person who expects to be a party to an action about to be brought . . . may be taken at his own instance or at the instance of an adverse party or of a co-plaintiff or co-defendant at any time before the trial as prescribed in this article.” And succeeding sections set forth how' such examinations may be ordered.
In Ex parte Fisk, 113 U. S. 713, decided at October term, 1884, it was held that this statute was in conflict with section 861 of the…
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- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Ex Parte FISKSupreme Court of the United States · 1885
- Luxton v. North River Bridge Co.Supreme Court of the United States · 1893
- Camden & Suburban Railway Co. v. StetsonSupreme Court of the United States · 1900
- Lyon v. Manhattan Railway Co.New York Court of Appeals · 1894
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- United States v. Microsoft Corp.Court of Appeals for the D.C. Circuit · 1999
- Louisville Builders Supply Company v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1961
- S. S. Kresge Co. v. Winget Kickernick Co.Court of Appeals for the Eighth Circuit · 1938
- Dowling v. Isthmian S.S. CorporationCourt of Appeals for the Third Circuit · 1950
- In Re United StatesCourt of Appeals for the Federal Circuit · 1989
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