Same v. Same

Syllabus

Same v. Same. 1. Where, on a bill by several persons for the infringement of a patent and for an account (the defences being invalidity of the patent and a license), the court sustain the patent, and decree damages, a bill cannot be regarded as a cross-bill, which sets up a judgment in another suit against one of the complainants, and asks that the conjoined defendants in the principal suit set forth and discover what share of the damages they claim respectively, so that the defendant in that suit may set off his judgment as respects the one against whom it is. 2. As an original bill it cannot be sustained, if it have either been filed before the decree for damages was rendered in the principal suit, or have been a judgment in attachment only, and where there was no service on the person of the defendant. 3. A bill which is in no wise auxiliary to an original suit, nor in continuation of that proceeding, does not present a case proper for substituted service. Appeal from the Circuit Court for the District of Rhode Island. Messrs. Payne, Gushing, and Parsons, for the appellant; and Mr. W. P. Gurtis and Mr. Stoughton, contra.