United States Supreme Court Cases & Opinions

U.S. Supreme Court

Humiston v. Stainthorp, 69 U.S. 2 Wall. 106 106 (1864)

Humiston v. Stainthorp

69 U.S. (2 Wall.) 106

Syllabus

A decree in chancery, awarding to a patentee a permanent injunction, and for an account of gains and profits, and that the cause be referred to a master to take and state the amount, and to report to the court, is not a final decree within the meaning of the act of Congress allowing an appeal on a final decree to this Court.

Stainthorp and Seguine had filed a bill in the Circuit Court for the Northern District of New York against Humiston for infringing a patent for molding candles, and had obtained a decree against him.

The decree was that the complainants were entitled to a permanent injunction, and for an account of gains and profits, and that the cause be referred to a master to take and state the amount and report to the court.

A motion was now made to dismiss the cause for want of jurisdiction.

Page 69 U. S. 110