Johnston v. Southern Well Works Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Texas; Gordon Russell, Judge. Suit in equity by Horace G. Johnston, Charles Rittersbacher, and Emlin H. Akin, copartners as the American Well & Prospecting Company, against the Southern Well Works Company, the Southern Car Manufacturing & Supply Company, the Parker Forge Works, and James A. Wiggs. Decree for defendants, and complainants appeal.
1Per curiam
The complainants sue for the infringement of patent No. 779,285, issued January 3, 1905,- to Horace G. Johnston, for an improvement in well-sinking apparatus, and they allfege that on November 11, 1908, said Johnston assigned to them his right, title, and interest in and to said patent and in and to the invention disclosed therein.
The alleged assignment was specifically denied in the answer. The only evidence offered to prove the said assignment was an abstract showing the record of an assignment in the Patent Office; neither the original instrument nor a proved copy was offered in evidence.…
2Cases cited6 opinions
- Moore v. MarshSupreme Court of the United States · 1869
- Canda Bros. v. Michigan Malleable Iron Co.Court of Appeals for the Sixth Circuit · 1907
- Jones v. BergerU.S. Circuit Court for the District of Maryland · 1893
- Eastern Dynamite Co. v. Keystone Powder Mfg. Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1908
- American Graphophone Co. v. Leeds & Catlin Co.U.S. Circuit Court for the District of Southern New York · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Foamite-Childs Corp. v. Pyrene Mfg. Co.District Court, D. Delaware · 1923
- National Paint Removing Co. of Washington v. CochranDistrict Court, W.D. Washington · 1923