DAVIS-BOURNONVILLE CO. v. ALEXANDER MILBURN CO.

No. 348.

1 F.2d 227 (1924)

DAVIS-BOURNONVILLE CO. v. ALEXANDER MILBURN CO.

Circuit Court of Appeals, Second Circuit.

May 26, 1924.


Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, Dean S. Edmonds, J. F. Brandenburg, and E. H. Merchant, all of New York City, for plaintiff.

A. Parker Smith, of New York City, and James A. Watson, of Washington, D. C., for defendant.

Thomas Ewing, of New York City, amicus curiæ.

Before HOUGH, MANTON, and MAYER, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

The case was tried below under a quite usual stipulation of parties with regard to plaintiff's title to the patents in suit. After decision rendered, but before decree entered, defendant, having discovered some asserted defect in plaintiff's title, moved to be relieved from its stipulation and in effect to retry the cause. This motion was denied, and defendant assigns for error the court's refusal to permit...

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