Marsh v. Shepard

Decision Date14 March 1887
CitationMarsh v. Shepard, 120 U. S. 595 (1887)
PartiesMARSH v. SHEPARD.
CourtU.S. Supreme Court

COPYRIGHT MATERIAL OMITTED

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MICHIGAN.

Mr. Edward J. Hill for the motion.

Mr. R.A. Parker and Mr. Don M. Dickinson opposing.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

This motion is denied. The sole ground of the application is, that since the appeal the Supreme Court of Michigan has, in a suit between the same parties, enjoined these appellants from making any claim against the appellee for the use of the patented invention which is the subject matter of the suit, and has required them to release all the claims and demands which they have been prosecuting.

Marsh and Le Fever oppose this motion, and Scott has no right to dismiss for them.

Motion...

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3 cases
  • Green v. Maddox
    • United States
    • Arkansas Supreme Court
    • January 30, 1911
    ...he was subrogated to all the rights of creditors or heirs. 24 Ark. 63; 52 Ark. 1; 6 Ballard, Real Estate, 279; 2 Id. 535; 73 Ark. 197; 120 U.S. 595; 44 Ark. 504; Kirby's Dig., § 3. The court erred in crediting appellee with all rents received from the property. Kirby's Dig., §§ 2754-2757; 4......
  • Illinois Central Railroad Company v. Wirt Adams
    • United States
    • U.S. Supreme Court
    • January 7, 1901
    ...52 N. W. 522, it was held that a former adjudication could not be set up by motion after trial and verdict. All that was held in Marsh v. Shepard, 120 U. S. 595, sub nom. Marsh v. Nichols, S. & Co. 30 L. ed. 794, 7 Sup. Ct. Rep. 704, was that one of several appellants cannot dismiss an appe......
  • MARSH V. NICHOLS
    • United States
    • U.S. Supreme Court
    • March 14, 1887
    ...contested the cause in the state courts and sued out the writ of error to this Court. This cause is the one referred to in Marsh v. Shepard, ante, 120 U. S. 595, "the suit in chancery between the same parties, with reference to alleged infringements of the same letters patent, decided in th......