Legal Opinion

Dobson v. Campbell

U.S. Circuit Court for the District of Maine

Decided May 15, 1833PublishedCited by 3 opinions

Case for infringement of a patent right for the double reflecting baker, brought by the .plaintiff [Isaac Dobson], as assignee of the patent.

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Case for infringement of a patent right for the double reflecting baker, brought by the .plaintiff [Isaac Dobson], as assignee of the patent. The declaration, after alleging the ■obtaining of a patent by one Williston, proceeded; “The said Williston did always, from the time of making and granting the said letters patent, as aforesaid, exercise and enjoy the right, privilege, and liberty aforesaid, to wit, at Norwich aforesaid, until the 20th day ■of June, in the year of our Lord one thousand eight hundred and thirty-one, to great .profit and advantage, when the said Willis-ton, for a…

1Opinion of the Court

STORY, Circuit Justice.

We are of opinion, that the motion in arrest of judgment ought to be overruled. We accede to the doctrine stated at the bar, that a defective title cannot after verdict support a judgment; and therefore it constitutes a good ground for arresting the judgment. But the present is not such a case; but is merely the case of a good title defectively set forth. The defect, complained of, is the omission to state, that the assignments, on which the plaintiff’s title is founded, were duly recorded the office of the department of state, which is made essential to pass the title…

2Cited by3 opinions

  1. Pennsylvania Co. v. EllettIllinois Supreme Court · 1890
  2. Mangum v. Bullion, Beck & Champion Mining Co.Utah Supreme Court · 1897
  3. Gay v. JoplinU.S. Circuit Court for the District of Eastern Missouri · 1882

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