New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-03
record itself. In the first place, then, if your

-'ttItd I'd the ordinary cOuTsr and thar undOubt
edly Is the first aspect in which the bill Is To be
.Searded. We have the honor Ia submit that Il
Is eiectly clear that the plaintiff Is not entitled
TO he Injunction he seeks. for The reason that he
has totally neglected even 10 attempt 20 establish
biz right N a comt of law. And We therefore
suhn il and have 10 ask your Honor attention
10 the proposition, that it l. entirely acco ding 10
the aIcit ut and uniform course OF chancery, that
ibasmuch As the plaintiff has neglected every OPP
portunity 10 try 10 establish his title at law, ne
can now neither eDJon nor proceed himself 60 try
The Ileht. The only all eTnstIos to the Chancel-
Tor will be whether he shall return the bill. with
leave to the plaintiff at this hate DAY, 10 establish
hls tlti~ at law, or according rs think snail be
oil tn show, To the later practice under the err.
cumstances, 10 dismiss the bli III on C aud alto
gether. We shall of course, maintain many
grounds Of defence against the bul hut OF this
hrst and, Tor my purposes, chiefly. | confess,
that until that httle conversation (which NAV per-
haps be within the recollection OF the Court be-
tween the counsel at the bar when the original
proposition was announced-Ii il had not been for
that. | confess l. should have understood that the
general rule Tor which we contend was entirely
beyond contention anywhere and tina general
RUE We have always understood TO be. that a
Court OF Charcery, at the final hearing, which is
the stage at which this tbate now comes on n
Cause when the answer denies the ruuitv. 4
Court OF Chancery will never perpctutiy enioin
OF such bill, 80 framed and - met until the
plaintiff shall have esta lished ms title at law
uniess It shall be made clear and evident TO the
Chancellor, that there is no question of fact IN
controversy between the parties the evidence
OF which, from its essential nature. may be sub
nItted TO tral by jury say again, II Your Hon
or VIII permit, | should have supposed that that
proposition would have met with the universal
assent OF all leaned persons. | do not stop here
10 move any question IN RI gard To the trtncenden-
tai powers Of the Court OF Chancery. That is not
the proposition to which mean to address m, =
sell but had supposed that whatever NAV be
the powers Of that tribunal, (aud they are ample
m England had supposed II had come 10 be set
tied unn e,salll as general rule, that on the inal
htar1 z, when the plaintiff has not lifted finger
IL ANY stage of the cause to obtain all injunction,
the answer Cenlmg the equty-the bill being
nothing IN the world but II mere ordinary lnjuuc-
ton upon patent right have supposed It to be
matter ut course that no INJUNCTION viii be had,
unless the Court, on looking into the flcts see,
clearly and undoubtedly that there is no matter OF
fact IN the evidence. That proposition, however,
II IL likely to undo rgO dissent from the other
eide. | feel bound Therefore, may 1t please
YOUR hOuors, before | address myself TO these
SPECIAL circumstances which are TO be re-
led on IN the nature OF an estOppel, as
EXTRACTING the case from the general rule, feel
ub extreme desire tc have he ground lirm under
It's OF the general rule, t1at general rule being. as
Understand II, exactly this with these conditions,
that the bill merely for MI nirIngr vi the pa
tent, the answer denying the equity at the hnal,
hear ny, and the plantlii having taken no meas
uTes ii all to Obtain an injunction at an earlier
stage, II matter of course TINT the injunction
refused until the title shall have been establish
ed at law. Now, may 1t please Your HOnOrs,
shall Of course indulge mNseli IN only brief re
sumo OF all the parties. They are, indeed all up
on the bnet; and acting Oh the suggestion nom
the bench, instead OF phusug 10 read them, ree ~
tie COuIt To the brltt aud content III, self with
Stating what ! understand To be their undOubte,
results. Now, your HOuUrs will und lubtedl, have
remarked III the text books. ana sometimes even
IN The prepared proofs OF eaIntd counsel at the
bar that Il very great confusion has arisen from
not suthclenty attending to The particular stage
OF the cause IN which the motion comes TO be
made ind the determination OF the Court OF Chan
CeIy CUnIts TO be invoked aud II seems 10 me en-
tIrely Indispensable III order To pre- pare for com
pretending The dt cisiUns winch HpJ ear Oh the face
VI them, 10 be by scores aud hundreds a reprnach
to the law, stumbling block to justice. In order
to 0ppr aCh that EIeW-WhiCh, | appreheud will
reconcile every interest III the law. aud extract "a
beautiful, cOhslsttnt and rational -ystenl-I ask
your HUnUls, Ill order 10 prepare tor such a sur
ycy U the cares, to allow me 10 submit Tn Il tnere
are three stages or tpOchs OF a ause VA which
and that the application Is disposed of by the
CUur i'll Every one VI these successive stages, un-
der ues and conscientious applicable to the par
ticular stage. We ure here to-day ia The third
stage; but, in order to approach the rules and
cOhslOeTa IONS which, as We suppose, VIII be nov
applicable To tins particular epoch OF the case al.
low TO glance ut the rule VI each Ia its order.
i he hIsI stage where thu motion ever comes to
be made, is upon the bill, aud before the answer
or evidence, even IN the fOim OF an affidavit, be
given by the dett bdant IN the cau,e. 1 do not
Ii say that IT is IL cessary before aud prior
but it Is distinguished a. beng upon the till
bctOIea ansW III enc 0unrrred and untmbauassed
by any thing hhe opposing proof on the part Ot the
dettLdant. la this stage and II is L" this stage
! deem that nne out of ten OF every authority
Il al Will he Iti, Ied Ia IN the course of my argu-
mtnt will turn ost To be reieIaple IN this stage
II Ii granted with less difficulty, aud under fewer
CONDITIONS than ever utter III the progress of the
cuuse. Even IN tins one IT is by 10 means mat.
ter OF course. Even IN TINS one, more than pa
tent must be shown. Even here here some length
VI time vi exclusive possession, II that possess
SION has been Interrupted, the parties right, by
suit or Otherwise, must be shown, in order to
sustain II but IN Tbs stage, and under the So
conditions, II IS OnparatNrly easy. Ii IS pro-
vIslOno only. Ii is granted MY until the hear-
ing OF II luither order from the Court. Ine
palntlii has shown extraordinary diligence,
WHICH II ulWdlr hEitsdDlt 10 u court Of tNOu-
ceIy; anu, therefore, as | have said ihasmurh
as 1t is temporary only inasmuch as II Is only
tor the purpose of taking into custody aud
tsk Dg care Of subject matter which has lltga-
ton III prosper, ana when might be wasted be-
Tore that litigation terminated; Inasmuch Ms the
Count hOlGs II III hls hands ready at any moment
10 be brought fOr"aId, in this stage It would be
easy and, if We do not take great
care, We sre IN danger Of transferring books and
ares, applicable 10 this stuge alone, to a later
stage, III which It " II be found that other con-
idt atoms trse iIOm the different circumstances
If the Case. The neat stag III ~hich this motion
or injunction Ii brought, is before the hearing,
ut bteI the lDttIpOsitIVn Of answer by the de-
eHdnbt, ana after The exhibition of ~ much OPP
u sng proof as be chooses to introduce. The
Lles OF tie injunction applicable to tins stage diE-
e. somewhat from the last, and they are found
esulaIy and gradually increasing the Gliti uti.s
b The way OF combining Them. STILL the Court
'Ill observe that even here, Inasnuch as IN, III
4 ifal. ba "a f.m IL