Case law

New Jersey v. Corrigan

139 F. 758 · U.S. Circuit Court for the District of New Jersey · Jul 28, 1905

It clearly appears bjr the act that, upon a proper petition being filed in the state court, that court at once loses its jurisdiction, although any bail given therein is continued in force. … It is an all-sufficient answer to say, as has already been said,, that there is no classification established by the act as counsel suggests.

President ex rel. Moran v. Mayor of Elizabeth

40 F. 799 · U.S. Circuit Court for the District of New Jersey · Dec 17, 1889

Unless within them can be found, clearly and uudisputably expressed, the power necessary to an obedience of this writ, it must ho held that such power has not been granted. … Especially has been granted to it ample power for the levying of taxes. o Thus in the thirty-first section of the charter of this city it is enacted “that the common council shall have power within the said city to make, establish

Wetherill v. Passaic Zinc Co.

29 F. Cas. 837 · U.S. Circuit Court for the District of New Jersey · Oct 14, 1872

The right to use it was clearly conveyed by the contract, and it was the only patent then to which the words of the grant would apply. … the office only of qualifying the context, not of withdrawing from a grant a subject plainly embraced by it.

Bates Mfg. Co. v. Bates Numbering Mach. Co.

172 F. 892 · U.S. Circuit Court for the District of New Jersey · Sep 25, 1909

Words which form a part of the common stock of: the language may become so thoroughly identified with some one person's business or goods that, it is quite possible that the use of them alone without any qualifying words … prospective purchasers to change orders, proposals, and awards calling for a “Bates Numbering Machine,” so as to describe or specify a machine or machines of other make than that of the complainant, without at the same time clearly

Burr v. Duryee

4 F. Cas. 806 · U.S. Circuit Court for the District of New Jersey · Sep 15, 1862

When it has established its value, it has to contend with infringers. … As to the patent for the process, there is no evidence of any infringement, and if there were, I must say that by testimony now for the first time produced, it is clearly established that Wells is not the first and original

Keep v. National Tube Co.

154 F. 121 · U.S. Circuit Court for the District of New Jersey · May 20, 1907

It is clearly, therefore, the duty of the court to advance the remedy.” In Murphy v. Board of Chosen Freeholders, 57 N. J. … But the court said: ‘•There are eases, which may seem to qualify the principle which wo have discussed, but which are quite consistent with it, and which, as is pointed out in Curtin v.

General Electric Co. v. Allis-Chalmers Co.

190 F. 145 · U.S. Circuit Court for the District of New Jersey · Jun 12, 1911

The patent in suit clearly shows invention. The prior art led away from its method. That art obtained fractional voltages by cutting in and out turns in the secondary windings thereby changing the conversion ratio. … answered, “Yes,” but some time later said that he should have qualified his answer by saying, “This or any other plant.”

Ajax Metal Co. v. Brady Brass Co.

155 F. 409 · U.S. Circuit Court for the District of New Jersey · Jul 31, 1907

This, if established, is, of course, the end of the patent, the novelty of which it effectively negatives. … But clearly that was not the case. The journal analyzed was a single test piece of 19 pounds, of which Mr.

In re Guggenheim Smelting Co.

121 F. 153 · U.S. Circuit Court for the District of New Jersey · Feb 28, 1903

The conceded purpose in each of these statutes was to encourage the establishment in this country of works where crude imported metals could be smelted or refined for export trade. … Clearly, this was not what was intended by the framers of the law.

Kahn v. Herold

147 F. 575 · U.S. Circuit Court for the District of New Jersey · Jul 21, 1906

The testator died October 1, 1900, leaving a last will and testament, whereby he appointed the plaintiffs his executors, who duly qualified as such, and took upon themselves the burden of the administration of his estate … Wertheim’s interest in the residuary estate as required by law, and is, therefore, now to be considered as a part of the same in establishing its clear value.

Davey v. Ætna Life Ins.

38 F. 650 · U.S. Circuit Court for the District of New Jersey · Apr 1, 1889

These statements are cautious, guarded, and somewhat indefinite, but not unfairly so, because it is the privilege and right of every physician, under similar circumstances’, in the absence of a post 'mortem examination, to qualify … Davey, for it is your province to decide on the facts which have been established on the one side or the other. If, after a careful and conscientious examination of the whole evidence, you shall be satisfied that Mr.

Waldo v. American Soda Fountain Co.

92 F. 623 · U.S. Circuit Court for the District of New Jersey · Mar 16, 1899

In so far as they were in conflict or inconsistent with any of the provisions in the instrument, they controlled, modified or qualified such provisions. … The firm had the right to invest unlimited capital in its business, and to establish branches in all parts of the United States.

Cleveland Target Co. v. Empire Target Co.

97 F. 44 · U.S. Circuit Court for the District of New Jersey · Oct 5, 1899

If priority of invention by Hebbard can be established it must rest upon the statements of the Hebbard brothers and Dow. … Taking the evidence for and against the alleged Hebbard use as a whole, together with all reasonable inferences to be drawn from it, it has not been established clearly, satisfactorily and beyond substantial doubt, that A