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SLAWSON v. GRAND STREET R.R. CO.

107 U.S. 649 (____)

SLAWSON v. GRAND STREET RAILROAD COMPANY.

Supreme Court of United States.

Attorney(s) appearing for the Case

Mr. Livingston Gifford and Mr. George Gifford for the appellant.

Mr. David C. Van Cott and Mr. Albert G. McDonald for the appellee.

MR. JUSTICE WOODS, after stating the facts, delivered the opinion of the court.

The appellant insists that the dismissal of a bill because the inventions described in the patents were not patentable, when no such defence was set up in the answer, is of doubtful propriety, and is a practice unfair to complainants.

The practice was sanctioned by this court in Dunbar v. Myers, 94 U.S. 187

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