The New York herald., 1878-11-26

the lower court and resulted in judg.
ment against the Commissioners. They now
seek a reversal OF that Judgment upon
the ground that suit should have been brought
against the county Us corporate body, and not
against them as Commissioners. This Court holds
that there are no directions in the constitution or
statutes of south Carolina To the by whch
county shall be sued and that there to be no
objections to the form adopted IN the present ease.
The Judgment or the loweroonrt is therefore affirmed.
Mr.. Justice Hunt delivered the opinion.
No. 3d. The Giant Powder Company, appellant,
against the California Powder Works, ct al.-Appcal
from the Circuit Court or the United States for the
district of California-This was . suit for alleged in
rinsement of three letters of patent granted to
Alfred Nobel, upon process for ufacturing
ntro-glyeerine, and combining it with gunpowder
Two OF the three parents-Nos. ISIS and 4,slgwerc
reissues based upon one original granted to Nobel
III 1865. The Court holds that these reissues must
be and hereby declared void because they
for the invention that forth III the original
patent of 1855 1t holds however that the statements
show nothing to affect the validity of the third
patent sued and that the lower Court therefore,
erred in dismissing the bin of complaint whols
For this the decree is reversed and the
manded, with directions TO enter decree dsnissing
the bill far patents Nos 4,SlS and sl9
cerned, overrg the demurrer as to the residue and
directing the defendants 10 answer. Judge Bradley
delivered the opinion OF the Court.
No 203, OF lo17. The City of Elizabeth ct al, APP
pellants, vs.. the American Nicholson Pavement
Conpany--Appeal from the Circuit Court Of the
United States for the District of New Jersey-In
the motion to reform the mandate and decree III this
cause, the ground that the decree 1T stands
forms exactly to the Courts intention.
No. Al. The Second National Bank of ST. Louis
plaintiff in error The Grand Lodge of the State Of
Missouri Free and Accepted Masons-In error to the
Circuit Court OF the United States for rhe Eastern
District of Mssouri.--Tnis suit was brought to COM
pei the Grand Lodge OF the state of Missouri to pay
the coupons OF certain Masonic Hall Association
bonds, which. 1t is alleged. the lodge by Al
agreement with that corporation entered into
subsequent to their issue, agreed to assume
The Court holds that this agreement even when
accepted by the association, only exccutory
contract Inter parties" and confers upon the bond
holders who were not parties to II no right TO sue ia
their own names. The contract. il enforceable n all
Is enforceable by the Masonic Hall Association and not
by the bondholders The judgment OF the lower Court
is affirmed. Judge Strong deiNe the opinion.
No 60. Tlleo. \. Kcndg. appellant, Thomp-
son Dean-Appeal from the Circuit Conrt OF tho
United States for the Western District Tennessee
The controversy i'll this cause is with regard to the
ownership OF 1874 shares Of the stock OF the
Memphis Gaslight Corporation. It is held
that the Circuit Court had jurisdiction
to try the case, because the gashght company
was an Indispensable party to the relief sought by
the bill to any relief which court OF equity could
give. The decree ofthe lower Court is, therefore,
versed with costs. and the cause rcmxnded with di
rections to dismiss the bin without prejudice. Judge
Clifford delivered the opinion.
No. 80. Hamilton anu Daniel L. Bates, appellants
Charles W. Coe-Appeai from the Circuit Court OF
the United States for TIE Southern District OF Ohio
This a suit tor alleged infringement of patent
granted to Coe i'll 1sG3 and reissucd in 1867 upon
improved drilling and screwcutting machine. The
decree OF the lower Court OF the complainant
is affirmed The opinion WIS delivered oy Mr.. Judge
Clifford.
W. -. AiAlAoW oaIHSS, Iidihtlii AZ SiIoA, vS
j. n. Dolph. in to the Supreme Court of the
State OF Oregon.-The controversy i'll this cause con-
Germs the right of husband wife to sell
without regard to his her heirs. and gave a
valid title in fee simple to land held under the
donation act Of 1850. When the government
patent for such land has not been actually received
at the time OF the grantors death the Judgment Of
the lower court maintaining the right is affirmed
Chief Justice Waite delivered the opinion.
No. 70. The steamship j. W. Eyerman, appellant
VS.. Joseph PAUL and 4. G. Pollock et al. Appeal
from the Circuit Court OF the United States for the
Eastern District OF Virginia Decree affirmed with
costs. The Chief Justice delivered the opinion.
No 949. W. X lngersol. assignee. &c. appellant.
Mary L. Bourne-Motion TO dismiss sub
mtted by p. Phillips and G. Gordon Adam.
Ex pcrte-Samuel Schwab. petitioner.-Motion for
q rule TO show cause; argued by d. NJ. Dickinson in
support.
No 100 W. S. Lincoln ct al, plaintiffs in error,
George b Airams.-On motion OF ). T. Bond dis
missed per stipulation on file.
No. 9l3 The Steamtug Restless, her Engineer, &C..
vs. Augustus b. Perry ct al.-Motion tor suspendeas
argued by W. T. Beebe in support and Wilhelmus
Mynderse in opposition.
Adjourned until tomorrow, November 1, at twelve
O'Clock. noon.