Wilder v. McCormick
U.S. Circuit Court for the District of Southern New York
This was an action on the case for the infringement of letters patent. The defendant [Michael McCormick] demurred to the declaration, assigning fifteen special causes of demurrer. • The plaintiff [Benjamin G. Wilder] joined.
1Opinion of the Court
BETTS, District Judge.
Most of the causes of demurrer in this ease are of an extremely technical character, touching very slightly the merits of the action. They can be best disposed of by considering them numerically in their order.
The first cause is, that the declaration is not properly entitled, but the defect or imperfection is not pointed out. It was alleged on the argument that the writ was returnable on the 19th of February, whereas the placita was of the 20th. If this objection was intrinsically of ever so great importance, the court most manifestly would not act upon it on a…
2Cited by4 opinions
- General Ry. Signal Co. v. Union Simplex Train Control Co.District Court, D. Delaware · 1938
- Bogart v. HindsU.S. Circuit Court for the District of Southern New York · 1885
- Panoulias v. National Equipment Co.District Court, S.D. New York · 1912
- Spaeth v. BarneyU.S. Circuit Court for the District of Massachusetts · 1885