SMITH v. ELY ET AL.


56 U.S. 137 (1853)

15 How. 137

FRANCIS O.J. SMITH, PLAINTIFF, v. HEMAN B. ELY, HENRY O'REILLY, ROBERT W. McCOY, THOMAS MOODIE, MICHAEL B. BATEHAM, LINCOLN GOODALE, WRAY THOMAS, ALBERT B. BUTTLES AND ROBERT NEIL.

Supreme Court of United States.


Mr. Chief Justice TANEY delivered the opinion of the court.

The plaintiff in error is the assignee, within a certain tract of country, of the two patents granted to Morse for his Electro-Magnetic Telegraph, one in 1840, and the other in 1846, and both reissued in 1848. And this action was brought in the Circuit Court for the District of Ohio, for infringements of both of these patents...

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