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11 F. 800

Richardson v. Croft

New York Southern District Court

Decided November 29, 1880.)

New York Southern District Court · decided 1880-11-29

<p>Injunction — When not Dissolved.</p> <p>If, upon the state of facts appearing on a consideration of all -the affidavits it is shown on a final hearing that the plaintiff’s patent would not be defeated, the motion to amend the answer and to dissolve the injunction will be denied.</p>

2 counsel of record

Decided 1880-11-29

¶1Injunction — When not Dissolved.

¶2If, upon the state of facts appearing on a consideration of all -the affidavits it is shown on a final hearing that the plaintiff’s patent would not be defeated, the motion to amend the answer and to dissolve the injunction will be denied.

¶3George Gifford, for complainant.

¶4George Bliss and A. Bell Maleomson, Jr., for defendants.’

¶5Blatchford, C. J.

¶6Waiving the question as to whether the defendants have shown the diligence which is required, it does not appear satisfactorily that the' matters now sought to be set up are relevant or material. If the state of facts now appearing on a consideration of all the affidavits were shown on a final hearing, the plaintiff’s patent would not be defeated. The Tyrrel device for reflecting figures attached to slides running in grooves in the table does not suggest or meet the plaintiff’s invention. Mr. Boyd Elliot’s affidavit leaves it not at all clear that the Castner mirrors were adjustably connected to each other, or that they were publicly used. There is nothing to show that the two book references have any relevancy. The motion to amend the answer and the motion to dissolve the injunction are denied-

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