UNITED STATES SUPREME COURT DECISIONS - ON-LINE

HUMISTON V. STAINTHORP, 69 U. S. 106 (1864)

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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

Syllabus

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. chanrobles.com-red

Page 69 U. S. 110

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. *

Motion granted.

* The Palmyra, 10 Wheat. 502; Barnard v. Gibson, 7 How. 650; Crawford v. Points, 13 How. 11; Craighead v. Wilson, 18 How. 199; Beebe v. Russell, 19 How. 283.


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