May v. Juneau County
137 U.S. 408 (1890)

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U.S. Supreme Court

May v. Juneau County, 137 U.S. 408 (1890)

May v. Juneau County

No. 94

Argued and submitted November 26, 1890

Decided December 15, 1890

137 U.S. 408

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF WISCONSIN

Syllabus

The decision in County of Fond du Lac v. May, ante,137 U. S. 395, as to the invalidity of letters patent No. 25,662, granted to Edwin May, October 4, 1859, for an "improvement in the construction of prisons," affirmed.

Want of patentability is a defense to a suit for the infringement of a patent, though not set up in an answer or plea.

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