NICHOLS, SHEPARD AND COMPANY
v.
MARSH

U.S. | 1889-04-01
No. 95
131 U.S. 401 Supreme Court of the United States (1889) Negative Treatment
Also reported at: 32 L. Ed. 538 · 9 S. Ct. 791 · 1889 U.S. LEXIS 1830 · SCDB 1888-253
Cited by 17 cases
Per_curiam
Per curiam:

Per curiam:

On consideration of the motion for a retaxation of costs in this cause, and of the argument of counsel thereupon, had as well in support of as against the same:
It is now here ordered by the court that the amount advanced by the appellants in this cause towards printing the record be recoverable by them from the appellees herein.

[This order is entitled only in ,the cross-suit of Nichols v. Marsh.]

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By (17 total)

  • W. Va. OIL & GAS Co., Inc. v. George E. Breece Lumber Co., Inc., 213 F.2d 702 (5th Cir. 1954)
    …to plaintiff’s contention, that the error in the former judgment is not a clerical one. A clerical error is generally defined as an error made by a clerk in transcribing or otherwise. Marsh v. Nichols, Shepard and Company, 128 U.S. 605, 9 S.Ct. 168, 32 L.Ed. 538. We are not concerned here with mere error in transcription. A study of the allegations of plaintiff’s complaint shows that substantial interest in gas producing property has allegedy been decreed to the wrong litigant. It shows further that the cor…
  • Watkins v. Nw. Ohio Tractor Pullers Ass'n, Inc., 630 F.2d 1155 (6th Cir. 1980)
    …sued even if patentee had knowledge of allegedly infringing activities). The Supreme Court has held that a patent owner has no rights under the patent until the patent issues. See Marsh v. Nichols, Shepard & Co., 128 U.S. 605, 612, 9 S.Ct. 168, 170, 32 L.Ed. 538 (1888); Gayler v. Wilder, 51 U.S. (10 How.) 477, 493, 13 L.Ed. 504 (1850); Tripp, supra. If the patentee has no right to sue until he has the patent, then waiting until the patent issues, even with full knowledge of an alleged infringer’s activities…
  • Shreveport Engraving Co., Inc. v. United States, 143 F.2d 222 (5th Cir. 1944)
    …but as the acts of the War Production Board, and that that board, through its chairman had in fact issued the orders and directives and caused them to he authoritatively published in the Register, Marsh v. Nichols, 128 U.S. 605, 9 S.Ct. [*228] 168, 32 L.Ed. 538; Keyser v. Hitz, 133 U.S. 138, 10 S.Ct. 290, 33 L.Ed. 531; In re Jem Yuen, D.C., 188 F. 350. But if we could agree with appellant that what has taken place here has been a redelegation or sub-delegation, we still could not agree with him that this…

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