MARSH
v.
SHEPARD
MARSH
SHEPARD
120 U.S. 595
Supreme Court of the United States (1887)
Caution
Also reported at: 30 L. Ed. 794 · 7 S. Ct. 704 · 1887 U.S. LEXIS 2004 · SCDB 1886-171
Cited by 2 cases
Opinion of the Court
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 denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ill. Cent. R.R. Co. v. Adams, 180 U.S. 28 (U.S. 1901)…n whether the court below .had or had not jurisdiction of the ease.” So, too, in Reilly v. Bader, 50 Minnesota, 199, 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, wag that one of several appellants cannot dismiss pn appeal to this court, if the other appellants oppose such dismissal, though after the appeal was taken the Supreme Court of the State had enjoined all the appellants from enforcing their claims.…