Thomson-Houston Electric Co. v. Nassau Electric R. Co.
| Decision Date | 06 November 1902 |
| Docket Number | 2. |
| Citation | 119 F. 354 |
| Parties | THOMSON-HOUSTON ELECTRIC CO. et al. v. NASSAU ELECTRIC R. CO. et al. |
| Court | U.S. Court of Appeals — Second Circuit |
F. H. Betts, for appellants.
John R. Bennett, for appellees.
Before WALLACE, TOWNSEND, and COXE, Circuit Judges.
As the appeal in this cause is from an interlocutory decree, it lies only to that part of the decree which grants an injunction, and if there is no longer any controversy between the parties touching the right of the complainant to enjoin the infringement alleged in the bill the appeal presents no real controversy for decision. The counsel for the appellant has very properly called the attention of the court to that part of the record which discloses the present relation of the parties to the controversy, and indicates that it has been settled, except as it relates to a recovery of profits and damages, and the statement and documents submitted by counsel for the appellee substantiate what appears in the record.
As there is no real and substantial controversy still existing between the parties which is presented by the appeal, the court ought not to hear the appeal. The appeal is accordingly dismissed.
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Diefenderfer v. State ex rel. First National Bank of Chicago
...13; Foster v. Smith, 115 Cal. 611; Worth v. Worth, 63 N.E. 917; Betts v. State, 93 N.W. 167; Mills v. Green, 159 U.S. 653; Thomson-Houston Co. v. Nasson, 119 F. 354; Diego v. Supervisors, 97 Cal. 438.) Appellate court cannot assume jurisdiction, nor express opinions which will be of any bin......
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Princeton Coal & Mining Company v. Gilmore
... ... 15, 18, 19, 20 S.Ct ... 533, 44 L.Ed. 652; Thomson-Houston, etc., Co. v ... Nassau Electric R. Co. (1903), 119 F. 354, 56 C.C.A ... ...
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Timolat v. Philadelphia Pneumatic Tool Co.
...was 'nothing remaining for a judgment of this court to act upon. ' The point was further expressly negatived in Thomson-Houston Electric Co. v. Nassau Electric Co., supra. There it was stated that an appeal from an decree lies only to that part of the decree which grants an injunction. Thes......