United States ex Rel. Bernardin v. Butterworth
169 U.S. 600 (1898)

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U.S. Supreme Court

United States ex Rel. Bernardin v. Butterworth, 169 U.S. 600 (1898)

United States ex Rel. Bernardin v. Butterworth

No. 403

Submitted February 21, 1898

Decided March 21, 1898

169 U.S. 600

Syllabus

A suit to compel the Commissioner of Patents to issue a patent abates by the death of the Commissioner, and cannot be revived so as to bring in his successor, although the latter gives his consent.

The Act of Maryland of 1785, c. 80, is not applicable to such a case.

Page 169 U. S. 601

This was a motion to substitute Mr. Duell, Commissioner of Patents as defendant in the place of Mr. Butterworth, Commissioner, deceased. The case is stated in the opinion.

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