The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-09

DECISION IN THE INDIA RUBBER GASES.
Charles Goodyear Us Bou,m BroWa-This was .
bill in equity, in which the plaintiff sued the defendants
for infringing his vulcaning India rubber patent and
enced in 1885, and injunction prayed for,
and granted by Judge Nelson to prevent the de-.
livery Of quantity Of shoes, worth about SIS 900.
Pending this injunction the shoes taken by
from the State courts in behalf of the purchaser and
the present case came up motion by plaintiff to
amend the b-it appearing that other parties had pur.
chased Goodyears exclusive right to manufacture Iods
rubber shoes before the suit commenced and
objected to the other parties being made plaintiffs
the ground that 1t would change the entire OF
ton, the showed, and also moved that the
injunction be dissolved.
Judge Nelson delivered the folio wing opipion: -
!. The amendments asked for in this cannot be
allowed 1t would in effect be the institution of new
suit against these defendants materially different from
the present both to complainans and rights of
action This exceeds the province amendment was
held the Supreme Court Of the United States after the
last term
q The preliminary injunction heretofore issued must
be dissolved the supported by adAvits shows
that the shoes in question were license from
the complainant in the suit 1he motion also for fur
ther injunction must be denied for the
His honor also delivered opinion in action in which
the Ford Rubber Company and others were plaintiffs,
Joined with Charles Goodyear against Edwin McChaee,
and Bourn h Brown of Providence, L. for an alleged
inrr cement Of the Goodyear vucanizng India rubber
patent.
ness, which is carried on in Prov dence, r. l.
Judge Nelson ned the following opinion on Saturday,
l. The defendants waived any objection to the service
Of the subpoena by causing appearances to be entered
and putting in answer is unimportant, therefore, to
inquire into the regularity Of the service.
The motion for the injunction must be denied The
case shows that the are residents Of another
Jurisdiction and also carry the business which is
claimed to b in violation OF plaintiffs patent there
and consequently beyond the process Of nuscton the
issuing Of would therefore be imperative and useless
II plaintiffs desire to epoin the defendants they must
file their bill in the jurisdiction where the business
planned OF Is carried on.
THE PETIT JURY.
The following gentlemen have been drawn the pstt
jury panel for the May term TO 14th Instant
W. Reed Adams, VIM d. Meekes, John 4. Phillips, Charles
II. Philips, Daniel Phalen, j. W. Pharo, James Ewing,
Thcmptop, c. 7. Williamson, R. L. Pell, G. ". Reid,
NJ Jackson, John Jackson, Earl Douglas J. SMELL
ing, T. b Merrick, j. Turner, j. Emery. J. Ernst, VIM.
G. Lyon. Samuel Perry Titus Merrick, E. o. Hatead,
d. s. Halsteo, VIM. Mckenzie, @. N. Fearing r. Clear-
water, A. N. Clement G. + Paterson, john Morse, P.
squires, F. Bellows, Ransom Beman R. G. Adams, D.
Phillips, VIM. Craig, John L. Smith, j. M Jones, Isaac
VIM Smith, Richard Maxim, Emmett Jr., VIM. Win
slow, J. g. Winnie, s. N etubbs, A. N. Whit9ck, T. L.
Van Norden, John Carleton, R. Wardell.