Wooster v. Blake

United States Circuit Court for the Southern District of New York

Decided June 20, 1881.)

United States Circuit Court for the Southern District of New York · decided 1881-06-20

<p>1. Equity Pb actice—Rule 34.</p> <p>Rule 34 of the rules ef practice prescribed by the supreme court for the courts of equity of the United States, requires that on overruling a plea the defendant shall be allowed to answer; that léave must be given to it.</p>

2 counsel of record

Decided 1881-06-20

¶11. Equity Pb actice—Rule 34.

¶2Rule 34 of the rules ef practice prescribed by the supreme court for the courts of equity of the United States, requires that on overruling a plea the defendant shall be allowed to answer; that léave must be given to it.

¶3In Equity.

¶4F. H. Betts, for complainant.

¶5W. H. L. Lee, for defendants.

¶6Blatchford, C. J.

¶7The company is willing to have its plea overruled. That is all the plaintiff can ask. But rule 34 requires that on overruling a plea the defendant shall be allowed to answer; that leave must be given to it. A preliminary injunction will be issued against the other defendants on the claims of the Bobjohn patent, which was adjudicated upon in the decision; but if such an injunction is asked for against the company, it must be moved for on papers and notice. An order will be settled on notice.