U.S. Supreme Court
Humiston v. Stainthorp, 69 U.S. 2 Wall. 106 106 (1864)
Humiston v. Stainthorp
69 U.S. (2 Wall.) 106
ERROR TO THE CIRCUIT COURT FOR
THE NORTHERN DISTRICT OF NEW YORK
A decree in chancery, awarding to a patentee a permanent injunction, and for an account of gains and profits, and that the cause be referred to a master to take and state the amount, and to report to the court, is not a final decree within the meaning of the act of Congress allowing an appeal on a final decree to this Court.
Stainthorp and Seguine had filed a bill in the Circuit Court for the Northern District of New York against Humiston for infringing a patent for molding candles, and had obtained a decree against him.
The decree was that the complainants were entitled to a permanent injunction, and for an account of gains and profits, and that the cause be referred to a master to take and state the amount and report to the court.
A motion was now made to dismiss the cause for want of jurisdiction. chanroblesvirtualawlibrary
MR. JUSTICE NELSON delivered the opinion of the Court, and after stating the case, said:
The decree is not final within the act of Congress providing for appeals to this Court according to a long and well settled class of cases, some of which we only need refer to in disposing of the case. *