New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-12
ia " [N2EILIGENOH
b'ffR'OR COURT-rsIAL TEss-Hsrco ii-Bsssrs
Jude NoO..Us,


MADAME aUsr LIVE VIA sOssIDuR.
N"'io' 10 ssroF. By be- fsad. &C.. at Psrr' lie
tbs ctss, tie pOiIs al Ia ue sbereis wa s.s,As oa
Ffids, lsst tS b en on til. siooe- Ths whos
msu'eo nie Of tresos @ uple not very n.gy ysrs
from Par- VS. le d before Jury OF tT-lve A1eu-
cel How hc Cd her with SIiver, srorTd nef.
&c. Hos she 90, t:i1e Provoked znd gave hcn "a
{ o ID b. scot TIE whole story Of toe Sannef u
100 t6s tod by ibe s=ve.a witnesses Sue a.sea
Civ,fce fro bed sHd bard but ;oe Ju-y rsfu-@d 20
fuG the iocs sticb would authorize tue Coit 70 pro
pCrn Itch gufLt
Tn jaw fouDd, in suswer to the questions sent
dom by Judge Dler sit'i at SPECIAL FERN ia At taa
husband hsc u { been suil'J Of cruel AID -hunsn
trestu ent or Of uc eo4duc' towsrd hl' sie 5, rem
csrto uIsae iDProper Tor terto cohaot Tifn al
ubt be stsnd, Der 90 the ota OF OaoDef t'r tue
ca1st stat tire complaint VIZ; because enc locked
lin on, he ~ m matter OF ssitY ana "a It
he mtGe provi "A for her supp It The Jdry set the
whole 81 del. Ldaats estate al sli 100, ami hS income
SPECIAL Tysw.- Before Juds. Duss
AsrRo1YPis-THH sTA1E COURTS HAVE so iURisDIc.
nos ovEE cACsEs GROWING Uur OF PATgsT.
" A TOuilibsou sgt N Battel snd snothe'.
1hs wss al 6filOI 20 resfra1 the dele n 1a1's by q
perpetual Injunction from using the word "Ambro-
type ~ applicable 10 Photographic pic urss aud like
neetes taken by them and fr damages sustained
By pliiLtf from the unlawful use Of tne word by the
oefer dents The cOmpaut stated ID a. he eofore
Cutting had invented and dh covered cer.4n proved
prCces and modes of tokiog picares upon glass aod
that he had Invented the word "Anbcoyps," which
improved processes, aud stamped upon such pictures
CT feir francs II aveired that Cuttng had obtained
patent from the Government Of the United States for
securing ~ bin exclusive night TO Use ths processes
90 Lveltd by him, ano tia by various ne,ne assign
ments TIE exclusive right TO the Oroe=sses 80 pa.
ten'eo in the City and County OF New Yotk and otner
@ untes Of he Sta sed in tbs p antii who,
by virtue Of zach assignments, had also acquired the
exclusive ligh to ute the word "AmbfOtype, 10 d-s-
gIaie Tie pictures keLesses Impressions taken, or
manufactured by them, "a sssguees OF the patent
The comp Amt sso alleged that tha defen tins 10 VIC
lat1n OF the usye right of the plaintiff had taken
uarufa turtd aud sold within the CIty and County
New Y TX, under the name Of Analogue, large num-
bGs of pictures, hkeDesses &c similar to those taken
ard Manufactured by Cutting and his asslgnees, 10
their own great profit and advantage and to the great
detr mtnt Of the plaintiff The relief oemsnded Is that
above stated The answer denied specifically eacn
maiesl allegation in the complaint relative to the e1.
elusive right Of Cutting and his assignees but admitted
that the defendants had used the word "Anbrotype"
to cei snate the Photographic pct1res taken by them
teivts glass, ar asserted that they had laval
right 20 TO 90
WHEN the brought for trial, and the
pleaopgs read the Judge SAID that be had great
doubts TO the juIlrdicon of the Court add dec,ed
thst question to be argued before any W.T. ess should
be examiI cd
II sas accordingly argued upon a subsequent day,
by the council for the plain1f and 1as decided b2 t1e
Court without Calling upon the counsel for the deien1'
ants 10 reply.
DUER j. Considering the law settl,d-as have
recently bad occasion show in the OF the Balm of
OHtrs
generic ,peCic lame unless as incden, to an .nca.ve
properly the article composition or process wnich the ps
unless he show that be has a.
exclusive night the process By which ths pctue properly
an equal light 10 Use process hy have equal night 20
p to The picture; Their Apr .'s 'aa %
process this city and county By virtue Of toe P.'eI
snted cans Of which be !. IN par an isnes sna
ton Of this psient that the Of the .otis to the
depend. But as understand the Constitution and laws Of
the United sss question. cohcerrns the Ssa quo con
the Uned competent to determine The act
lass scts Of 1856 IA put end to any DOUBT.
that may formerly have existed on this subject since II;
States. of all cases sag S.deI the patent
w and in my opinion the c,ss DeOie % n s.n un
the patent the action had been brought i9I dIee
OBJ since it il brought for violation Of exclusive night
which lift exist all exists only as .c9neauence o e..
Terms OF the patent but only all incdeAt ho"hs nom
the exclusive tight which the pa,es! fb p.sat
be produced proved aud COZ .iraed -. ,,s cr
.rncop and pcfbspi validity OF patent srlsts
cos,esy the proe.s aud upon he t. e'S' tn NE
derived from the nAuf. OF the sson snd
of patent concerning process by which the pictures u
which .lone the name OF can ptoP oe sven 40
They constituting in part the cause OF action sueo
they syered in the and IS such are pa issue
ent tina, the action founded IL ms eh uNe sal .aa
that when thus rseo neither thu. nor any other aie our
judgment hss aubority TO deeImihes question "A'cn
lave no sht determine, and must rtu,e 10 co slider
am not that there any sdudsed case that in ,s
,p,e. resembles the present but tue pineiPe
or laid down By the Supreme Court 10 fM.9n- az Dan
nsrd q John lH) by Cosncellor h-nt as Onisi 'nee
Srous delivering The Judgment OF the Court OF Appeals IN
IL p.n, for bs interest Of the puie. tbs. the obi elton
TO the Jurisdiction should be taken sues
II csuIot be raised In any stage OF the pro
eeedns' and even in the court Of ut mate resort " deeoo
now may be a saving of much time and expense , =,
Following my convictions, shall, therefore eami,s me
liberty the plaintiff to appeal without 'eeuy to the Gene
g. l. Ford for plaintiff, J. Humphreys for defendants
Is CnANBERs-BeiUre Judge SLoSSo>
Lsuber, ct A. Ast Stage
Order of reference to be settled.
Doolittle ssi. Nsylor, ct A.
Rt port confirmed; 10 be settled
Gallagher eel oaIIAsher-
Prayer Of petition granted
Pollock at. ketchum ct a.
Jnogn ent for plaintiff
UNITED STATES coMMIssIosEny orFIcs-H,seHlL
Before X. l.. SriLwkLL
JOHN CHISAMAS's CAsE-HoT WATER NOT DANCER
Gus WEAPON.
No further testimony taken IN the case OF John
Je,epbs in English Al Chcn in spoken, and Il na ne
haxond the mower of compositor III written Chinese,
70 d,y. The Commissioner decided after hearing
elaborate Arguments pro and con, by Mr.. Meehan fyr
IN, prosecution AND sir Nash for the defense, that an
attack with pot of boiling water was not IA assault
with dangerous seapon, within tbs meaning Oh tas
statute and discharged the prisoner
He went out Of the room arm In arm with aus gypsy
wife bat was met at the door by Deputy Marshal
with fresh warrant. The charge covered the same
occurrence, but was technically termed this time " an
assault with intent TO commit a mayhem.
KINGS COUNTY COURT OF OYER AND TERMlN1R-
M.Rcs lI.-BetoEe Jads. STRONG. Justices HnMoS' sad