United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 46

United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 46

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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. 1898 edition. Excerpt: ...right as between the litigants was adjudged and the sentence of Opinion of the Court. the court carried into immediate execution, be not in itself an "interlocutory order or decree " such as is identified in amended section 7 of the act of March 3, 1891, this appeal, if not authorized by section 6, should be dismissed. For, be it noticed, it is not any "interlocutory order or decree," but only one which comes specifically within the terms of amended section 7, that is appealable. In this case and as to that portion here appealed from of the decree there was no reservation of any further hearing. It would have been within the power of the Circuit Court, though such a proceeding would have been exceptional, to retain the cause for further consideration as to the ownership, validity, and infringement of the patents. Such a reservation would have meant that the injunction was still within the control of the court, merely extant until further order, or subject to vacation on any change of view by the court, or upon additional evidence which the court might choose to hear. It would have been within the power of the court, also, upon such reservation, to require a bond from the complainants conditioned to answer all damages in case the court should actually see fit, at a later day, to dissolve the injunction. But no such case is presented. The "interlocutory order or decree " made appealable by amended section 7 must be one wherein the court grants, continues, refuses, dissolves, or refuses to dissolve an injunction. The state of the record or progress of the cause must be such, when said appealable "interlocutory order or decree " is entered, that a "final decree " upon the matter with...show more

Product details

  • Paperback | 334 pages
  • 189 x 246 x 18mm | 599g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123678524X
  • 9781236785244