New-York tribune., 1885-03-31
THE COURTS.
,rc,rrn STATES sUPREME COURT.
INTERESTING DECISIONS In PATENT AND
~ OTHER CASES.

sxoro the limited States Circuit Court ior INC
Distrct of Ohio This was SUIT prougn' oy 9een'
against the Hall Company tor alleged inirineeinen @
80, Granted to the former January l6, 1871 ior
tnronemeuts In time locks. This court hoias eh .uo
Han Company has infringed sargents patent 'n'
,he combination lock covered by the claims Oh tna' pay
ant i. one which has bolt or bearing that turns on an
ara or reyoives distinguished from Siding ooi' anu
that those claims not nfringed by structure IN
which the combination lock has not turning OF
,,g holt Claim two the Sargent patent requires that
tne tumblers OF the combination lock and Its spindle
sha be free to while the bolt work heio in ts
lockee position by the bolt OF bearing OF the combination
lock In patents for combinations OF mechanism the
Court says Limitations and proyisos imposed py the
inventor especially such introduced into an ap
pcacn after 1t had persistenty rejected must Dc
strictly against the inventor and IN favor Oh
the public and looked upon in the nature OF disca
ers" The decree of the Circuit Court Is therefore al
frmed. Opinion by Justice Blatchford.
decision was rendered by the Court In the inter
esting original action entitled exparte In the matter
James b. wilson This application Tor WITH Oh
habeas corpus release prisoner conhneo IN the De
trot of Correction under sentence from the oueo
States District Court for the Eastern District OF Akan
sas Ho was tried and found guilty upon information
which contained a count under Section e'4So heViseo
for having In his possession with fraudulent In
tent an obligation engraved and printed after the the
smilitude of interest bearing coupon oond OF the
United States" The question raised by the petoh lot
whether the petltoner VI a."
ainfamous crime" within the meaning OF the nrth
amendment 10 the federal constitution which provides
that no person shall held to for capital OF
otherwise infamous crime unless on presennent OF III
dictment of a grand jury" This Court holds
that crime liable to an Infamous pun
ishment is within the meaning OF 'ne
words "captal or otherwise Infamous crime
in the fifth amendment and canhot be lawfully prose
cued In any court United States without an In
dictment presentment by Grand Jury ana that LII
prisonent at hard labor for term OF fifteen years an
Infamous punishment The prisoner is therefore en-
titled TO be discharged and the petition fora VIII Oh
habeas corpus is granted. Opinion by Justice Gray
decision was also rendered by the Court in the pat
ent case OF the Electric Railroad Signal Company, ap'
peant, against the Hall Railway Signal Company
appeal from the Circuit Court Of the United States Tor
the District OF Connecticut This litigation arose out Oh
an application by the Electric Company for an injunc-
ton to restrain the alleged Infringement by the Hall
Company Of patent granted July l, 1873 to Frank
L. Pope upon improvement in circuits for electric
railroad signals The defence set up by the Han Com
paHy was first that Thomas s. Hall, aud not Frank L.
and second that devices used by the Hall Company
were not infringement Of the Pope patent mt IIa Tae
Company the ground that Han was entitled ia law 70
the Court below but bases its Judgment upon what it
finds to he essential difference IN the methOds Dy
nns nian Inc Conrt saws proceeds upon the idea
of unequal circuits be aiterward equazed the other
of subsequent rectncaton by original adjustment of
equal resistsnces The difference is Inherent IN the c1
that the defendants system OF signalling Is not an IN
iants The decree of the Circuit Court dismissing the
Electric Companys bin is affirmed Opinion by Justce
decision Of interest to banks and bank stockholders
was rendered in the of the First National Bank OF
and Martha n Mcmillan, administrators. This was
suit brought against the bank 6y OF one
sale by the bank OF certain shares OF ils own
were in the banks custody The bank justified its action
upon the ground that Mcmillan was its debtor to an
stock put in its hands collateral security for In
debedBes This court holds that the verdict OF the jury
pass aid 6ir not S bold the stock IN question secu
tssreiorss the Court says comes to this that cred
tor possession OF the property OF his debtor as
debt judgment and without the process or order OF any
court and without the ana ags m e w and ID
apply the proceeds TO the payment OF his deDt 90 not
snt n d 5ee se ew osr below in favor f Mcmns admn
traitors is affirmed. Opinion OF Justice WOODS l., 49,,
sesnst Elizabeth 2. Boisseiier and John q Kagferle
Court for the eastern district Of Missouri and in tho
closely related cases Of the & MeSae sna
sgainst F. g. thompson trustee brought here by appeal
district OF NewYork These were. suits for alleged in
fringement of patents upon improvements IN water
s sEset Q. August 5e reRsnod soc and eS
tended July 23 1870 The second vas patent granted
sSS. sa's9SsS on raised p'OSsr Ss the suits h oou
the art the defenda.ts Bosseller and Kupfere used
no. appropate any I patenabe nventon which Carr
had right 70 cover az against the o % re-
ysnOn rf it can be dgniaed by that name in the Carr
device the special means OF leakage and this the
defendants ala not Under recent decisions of this
the third claim OF the Carr reissue must either De
held rot TO involve patentabe invention, or II It
regards the bartholomew patent that Its
% on top Of the cioset and that il IS not nnsed By
structure in which the drip box s cast on the sde Gi me
Missouri suits are affirmed Those IN the New-f9rk i
suits reversed with directions to dismiss the bills
decision was also rendered in the of O. De Ros
z MlcOg aaministratrizi appeal from the n,
G SeaS Co o. Of e 9ge TSs case sSes Sss ea%T
been once before this Court, and is reported in ~
su ava no4e o some of the ou
tons raised, the Court invited the submission OF
hearing, @ S' upon Which D the case again comes up
After careful consideration the court holds rst thata
81 aSe rsps sheG not S accoung IN the
q he Tor Sr his osSde5ee % 5ee
TO express statute to - a. ., r range Ss Of
sio warts domice @ Second That att iafsus having
in State, who, after the deeth of both Of their
appointed take up their residence With their paterna
erandnother aud next Of kin in another state acquire
sates take judicial notice without plea or proof Of the
Law OF any State Of the Union. whether depending on
statutes judicial decisions The petition Tor re-
hearing is denied. Opinion by Justice Gray ,ou,
decision was also rendered In the municipal bond
OF j. Addison Hayes, plaintiff In against the
Mayer aud Aldermen OF the City Of Holly Springs Miss
This Nes suit brought upon the coupons OF series OF
bonds issued by the City OF Holly Springs, In pay
iet Of ssbserpton 70 the stock Of the selma Marion
that the Intention OF the Legssure confirm and raty
the subscription could be ascertained with certainty
from che language of the second that the bonds
void want OF power a. them, notwithstanding
any rcctals their face any acts IN pals claimed 70
opsrate by way OF estOppsl The Judgment Is affirmed
nj az FORD