Allen v. McCarthy

34 N.W. 416, 37 Minn. 349, 1887 Minn. LEXIS 128

Opinion

By the Court.

The four judges of this court by whom this ease was finally considered were unable to come to an agreement, and are ■equally divided in opinion upon the principal question involved therein, to wit, whether the plaintiffs, by their complaint, show themselves entitled to assert a proprietary claim or interest in the alleged device or trade-mark, employed and used upon the boxes of cigars made by the -Cigar-Makers’ Protective Union.

The order appealed from will therefore be affirmed.