Day v. Newark India-Rubber Manuf'g Co.
U.S. Circuit Court for the District of Southern New York
This was a motion on the part of the defendants [the Newark India-Rubber Manufacturing Company] to quash a writ of foreign attachment and a summons issued out of this court against them by the plaintiff [Horace H. Day] for an alleged infringement of certain letters patent Under the writ a large amount of their goods had been seized in the city of New York, and were in the possession of the marshal.
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This was a motion on the part of the defendants [the Newark India-Rubber Manufacturing Company] to quash a writ of foreign attachment and a summons issued out of this court against them by the plaintiff [Horace H. Day] for an alleged infringement of certain letters patent Under the writ a large amount of their goods had been seized in the city of New York, and were in the possession of the marshal. The writ was issued in pursuance of an act of the legislature of the state of New-York, providing for the commencement of suits against foreign corporations by process of attachment against any…
1Opinion of the Court
NELSON, Circuit Justice.
The seventeenth section of the patent act of July 4th. 1836 (5 Stat. 124), provides, that all actions arising under any law of the United States granting to inventors the exclusive right to their inventions shall be originally cognizable, as well in equity as at law, by the circuit courts of the United States, or any d‘strict court having the powers and jurisdiction of a circuit court. The jurisdiction of the circuit courts embraces, therefore, all cases both at law and in equity arising under the patent laws for infringements of letters patent, without regard to the…
2Cited by8 opinions
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Walker v. LeaU.S. Circuit Court for the District of Northern Mississippi · 1891
- Boston Electric Co. v. Electric Gas Lighting Co.U.S. Circuit Court for the District of Massachusetts · 1885
- Lovejoy v. Hartford Fire Ins.District Court, N.D. Illinois · 1882
- Zambrino v. Galveston, H. & S. A. Ry. Co.U.S. Circuit Court for the District of Western Texas · 1889
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