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U.S. Supreme Court

In re Haberman Manufacturing Co., 147 U.S. 525 (1893)

In re Haberman Manufacturing Company

No number

Submitted January 30, 1893

Decided February 6, 1893

147 U.S. 525


Under § 7 of the Act of March 3, 1891, c. 517, 26 Stat. 826, 828, which provides for an appeal to the circuit court of appeals from an interlocutory order or decree granting or continuing an injunction on a hearing in equity, the granting of a stay of the operation of the injunction during the pendency of the appeal, by the court which granted or continued it, is not a matter of right, but is a matter of discretion.

Such discretion of that court cannot be controlled by a writ of mandamus from this Court.

On the 5th of January, 1893, an interlocutory decree was made, on final hearing, in a suit in equity in the Circuit Court of the United States for the Southern District of New York brought against the Haberman Manufacturing Company for the infringement of a patent for improvements in the manufacture of enamelled ironware. The decree held that the patent was valid and had been infringed by the defendant, and awarded a recovery of profits and damages, to be ascertained on a reference to a master, and also a perpetual injunction. The defendant perfected an appeal to the Circuit Court of Appeals for the Second Circuit from such interlocutory decree, and, on the 20th of January, 1893, applied to the circuit court for a stay of proceedings in that court bending the appeal, including a stay of the injunction, and for the acceptance and approval of a supersedeas bond for that purpose, which bond, in any amount satisfactory to the court, it offered to file. But the court denied the application. The defendant now applies to this Court for leave to file a petition that a writ of mandamus issue to the judges of the circuit court commanding them to approve and direct the filing of a supersedeas bond in such amount as that court shall fix, to supersede the injunction, and to enter an order vacating, suspending, chanroblesvirtualawlibrary

Page 147 U. S. 526

or superseding the injunction, which was issued on January 5, 1893, and subsequently served. chanroblesvirtualawlibrary

Page 147 U. S. 529

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