MARSH v. NICHOLS, SHEPARD & CO.

Nos. 72, 95.

128 U.S. 605 (1888)

MARSH v. NICHOLS, SHEPARD AND COMPANY. NICHOLS, SHEPARD AND COMPANY v. MARSH.

Supreme Court of United States.

Decided December 10, 1888.


Attorney(s) appearing for the Case

Mr. R.A. Parker for Marsh and Lefever.

Mr. Charles F. Burton for Nichols, Shepard and Company.


MR. JUSTICE FIELD, after stating the case, delivered the opinion of the court.

In support of their appeal the appellants contend in substance as follows:

1st. That the defendant could not impeach the patent for the irregularity in its signing and issue, this not being apparent on its face, without pleading such defence and regularly putting the question in issue;

2d. That the patent being regular on its face...

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