United States Supreme Court Cases & Opinions

U.S. Supreme Court

Baldwin Co. v. R. S. Howard Co., 256 U.S. 35 (1921)

Baldwin Co. v. R. S. Howard Co.

Nos. 139 and 113

Argued January 14, 1921

Decided April 11, 1921

256 U.S. 35

Syllabus

1. A decision made by the Court of Appeals of the District of Columbia upon an appeal from the Commissioner of Patents under § 9 of the Trade-Mark Act of February 20, 1905, is not reviewable in this Court by appeal or certiorari under §§ 250, 251 of the Judicial Code,

Page 256 U. S. 36

since such decisions are merely certified to the Commissioner to govern his further proceeding in the case, as in patent matter (R.S., § 4914), and are not therefore final judgments. P. 256 U. S. 38.

2. Assumption of jurisdiction by this Court in a case where no question of jurisdiction was raised or considered does not establish its jurisdiction over that class of cases. P. 256 U. S. 40.

Appeal to review 48 App.D.C. 437 dismissed; petition for a writ of certiorari denied.

The case is stated in the opinion.