United States Circuit Courts of Appeals Reports Volume 2

United States Circuit Courts of Appeals Reports Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ... been final upon the other coplaintifis, who could then have no longer proceeded with the suit in the form in which it had been originally instituted by them. If that be so, then such decree would have been final as to that matter. and conclusive upon the other coplaintiffs as to their right to use the Brush Company's name. The action as brought must eo instanti have determined. We do not suppose it can be denied that such order would have given the California and Light 80 Power Companies the immediate right of appeal. And, if such be the case, the reciprocal right of the opposite party to the controversy is held in Hovey v. McDonald, 109 U. S. 155, 156, 3 Sup. Ct. Rep. 136, to exist beyond any quetion. Had the California and Light & Power Companies brought an action in equity against the Brush Company at its domicile in the state of Ohio, to obtain a decree either compelling the Brush Company to join with them in the action against the improvement company to restrain an alleged infringement of its letters patent, or to obtain a decree permitting those companies to use the name of the Brush Company as a coplaintift with them in such infringement suit, a decree in favor of such companies against' the Brush Company, either compelling the Brush Company to bring the suit or permitting the plaintiffs to use its name, would be a final determination of the whole controversy upon its merits in that action, and would at once have been appealable. Is the order now under consideration any less appealable because made between the same parties, in another forum, upon a collateral independent issue in another suit? Has not this order determined and settled in this collateral proceeding the same questions, the same issues, as fully and finally...show more

Product details

  • Paperback | 442 pages
  • 189 x 246 x 23mm | 785g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236593162
  • 9781236593160