Merryfield v. Jones
U.S. Circuit Court for the District of Massachusetts
R. H. Dana, Jr., in behalf of [Edwin] Jones, moved the court to refer to a master, the question, how much damage Jones had suffered by reason of temporary injunction, restraining him from using a machine alleged to be patented; and that the complainants [William J. Merryfield and others], and their sureties, in a bond, conditioned to pay to Jones any damages he might suffer by reason of that injunction, if finally determined not to be rightful, might be decreed to pay the…
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R. H. Dana, Jr., in behalf of [Edwin] Jones, moved the court to refer to a master, the question, how much damage Jones had suffered by reason of temporary injunction, restraining him from using a machine alleged to be patented; and that the complainants [William J. Merryfield and others], and their sureties, in a bond, conditioned to pay to Jones any damages he might suffer by reason of that injunction, if finally determined not to be rightful, might be decreed to pay the same. And he showed that the bill had been dismissed, and the injunction dissolved. The motion was resisted by Mr.…
1Opinion of the Court
CURTIS, Circuit Justice.
It is not incident to the general powers of a court of equity to proceed against the principals and sureties on such a bond, and enforce payment of the damages secured by its condition, by a decree. It would be a convenient, and, perhaps, a proper power, to be conferred on the courts of the United States by congress. In Hiriart v. Ballon, 9 Pet. [34 U. S.] 156, it was held that by virtue of a rule of the state courts of Louisiana, adopted under the act of congress of May 26, 1824 (4 Stat. 62), by the circuit court of the United States, there might be a summary judgment…
2Cited by7 opinions
- Tyler Min. Co. v. Last Chance Min. Co.Court of Appeals for the Ninth Circuit · 1898
- Leslie v. BrownCourt of Appeals for the Sixth Circuit · 1898
- West v. East Coast Cedar Co.Court of Appeals for the Fourth Circuit · 1902
- Beekwilder v. BeekwilderNew Jersey Superior Court Appellate Division · 1953
- Beekwilder v. BeekwilderNew Jersey Superior Court Appellate Division · 1953
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