Rubber Company v. Goodyear
76 U.S. 807

Annotate this Case

U.S. Supreme Court

Rubber Company v. Goodyear, 76 U.S. 9 Wall. 807 807 (1869)

Rubber Company v. Goodyear

76 U.S. (9 Wall.) 807

APPEAL FROM THE CIRCUIT COURT

FOR THE DISTRICT OF RHODE ISLAND

Syllabus

1. Where, on a bill by several persons for the infringement of a patent and for an account (the defenses being invalidity of the patent and a license), the court sustains the patent and decrees damages, a bill cannot be regarded as a cross-bill which sets up a judgment in another suit against one of the complainants and asks that the conjoined defendants in the principal suit set forth and discover what share of the damages they claim respectively, so that the defendant in that suit may set off his judgment as respects the one against whom it is.

2. As an original bill, it cannot be sustained if it have either been filed before the decree for damages was rendered in the principal suit or have been a judgment in attachment only, and where there was no service on the person of the defendant.

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