Wade v. Lawder,
165 U.S. 624 (1897)

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U.S. Supreme Court

Wade v. Lawder, 165 U.S. 624 (1897)

Wade v. Lawder

No. 172

Argued January 26, 1897

Decided March 1, 1897

165 U.S. 624


Where a suit is brought on a contract of which a patent is the subject matter, either to enforce such contract or to annul it, the case arises on the contract, or out of the contract, and not under the patent laws; and, if brought in a state court, this Court is without appellate jurisdiction to review the judgment unless it appears that a right under the laws of. the United States was properly set up and claimed which was denied by the state court.

This was a bill in equity brought by Charles Wade

Page 165 U. S. 625

Birt Ringo, in the Circuit Court of Audrain County, Missouri, for the rescission of a contract. After hearing had on pleadings and proofs, that court dismissed the bill, whereupon the cause was carried by appeal to the Supreme Court of Missouri, Division No. 1, and the decree affirmed. 122 Mo. 322. Appellant then moved that the case be transferred to the Supreme Court in banc, under the Constitution of Missouri in that behalf, Duncan v. Missouri, 152 U. S. 377, on the ground that the record involved the decision of a federal question arising under the laws of the United States, namely, "the construction of the patent and specifications of the patent, as they appear in evidence in said cause." This motion was denied, and a writ of error from this Court was afterwards allowed.

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