Hardinge Conical Mill Co. v. Abbe Engineering Co.
U.S. Circuit Court for the District of Southern New York
In Equity. ‘ Suit by the Hardinge Conical Mill Company against the Abbe Engineering Company andl others. On motion by defendants to require complainant to take further proofs on its prima facie case, or that thq bill be dismissed.
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In Equity. ‘ Suit by the Hardinge Conical Mill Company against the Abbe Engineering Company andl others. On motion by defendants to require complainant to take further proofs on its prima facie case, or that thq bill be dismissed. Suit in equity for infringement of H. W. Hardinge patent, No. 908,861. At the end of complainant’s prima facie case, and before taking defense proofs, defendants move “for an order requiring the complainant, as part of the prima facie case herein, to produce proof, if complainant can produce such proof, 'that the defendants’ mill constitutes an infringement of the…
1Opinion of the CourtWard, Circuit Judge
(after stating the facts as above). I do not know of any practice either in equity or in admiralty to dismiss causes at the close of the complainant’s case, as is done by nonsuit in trials at law. Reference is made to three cases: O’Neile v. Ternes, 32 Wash. 528, 73 Pac. 692; Mounce v. Byars, 11 Ga. 180; Union Pacific R. R. Co. v. Harmon, 54 Red. 29, 4 C. C. A. 165. In the first such a non-suit seems to have been granted, apparently by a judge in a trial in open court; the second was a trial before a judge and jury; and in the third the bill was dismissed after the cause had been set down for…
2Cases cited5 opinions
- O'Neile v. TernesWashington Supreme Court · 1903
- Mounce v. ByarsSupreme Court of Georgia · 1852
- Streat v. American Rubber Co.U.S. Circuit Court for the District of Southern New York · 1902
- De Laval Separator Co. v. Vermont Farm-Mach. Co.U.S. Circuit Court for the District of Vermont · 1901
- Union Pac. Ry. Co. v. HarmonCourt of Appeals for the Eighth Circuit · 1893
3Cited by1 opinion
- Payne v. GarthCourt of Appeals for the Eighth Circuit · 1922