United States Supreme Court Cases & Opinions

U.S. Supreme Court

Dolan v. Jennings, 139 U.S. 385 (1891)

Dolan v. Jennings

Nos. 265, 266

Argued March 26, 1891

Decided March 30, 1891

139 U.S. 385

APPEALS FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

A decree was entered in the circuit court in favor of two complainants against a defendant for the infringement of letters patent, from which the defendant appealed. After the decree and before the appeal was taken, one of the complainants below died. It did not appear that the cause of action survived or that there was a severance between the surviving and the representatives of the deceased plaintiff. The death of the deceased party was not suggested on the record, his representatives did not appear voluntarily, nor were they cited to appear. Held that the proper course of proceeding to enable this Court to obtain jurisdiction had been wholly disregarded, and that it was too late to cure the defect, more than four years having elapsed since the final decree was entered.

Page 139 U. S. 386

In equity. The case is stated in the opinion.