Wooster v. Clark
This text of 9 F. 854 (Wooster v. Clark) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The motion to strike out the testimony taken on the part of the defendants must be granted. Rule 69 is imperative, that no testimony taken after time shall be allowed to be read at the hearing. The plaintiff duly objected on the record to the taking of what was taken, on the ground that it was taken after time, and such objection has never been waived. Moreover, the defendants, after that, specially moved for time to take proofs, and the motion was denied.
The proof of the sale of a binder is sufficient. It is plain that it infringes claims 2, 4, and 5. The granting of the reissue to the plaintiff is sufficient proof of his title to sue.
There must be a decree for the plaintiff.
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Cite This Page — Counsel Stack
9 F. 854, 1881 U.S. App. LEXIS 2558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wooster-v-clark-circtsdny-1881.