United States Circuit Court for the Southern District of Ohio

“ I entertain no doubt, without going into the details, for I have not had time to do that—I entertain no doubt that Shireman was the first and original inventor, and first to use the ratchets and pawls and the revolving axle, in combination with the lifting wheel adapted for horse-rake purposes, and with the rake head, rake teeth and other auxiliaries of the horse-rake, in combination with these elements of the machine, and that that combination was not contained in any prior machine. ”

“ Here the defendant companies have provided that they can be ‘found’ in a district other than that in which they reside, if a particular mode of proceeding is adopted, and they bave been so ‘found.’ In our opinion, therefore, the circuit court has jurisdiction of the causes, and should proceed and try them. ”

“ Louis, Missouri, shall not cease, nor said partnership be determined, by reason of my death, but that my share and interest in each shall continue and be kept up and represented by the executor of this my will, in my stead, until such time as in his judgment it shall be most advantageous for my estate to sell out and settle up and close up the said shares and interests respectively. ”

“ It would be out of all reason to say that a man should not be at liberty to sell a gun as a gun because some other person had chosen to appropriate that name as a trade-mark for the guns he wanted to sell. And hence no person has any right to appropriate as a trade-mark a word of the language which is descriptive of the article to which the trade-mark is applied. ”

“ Patent—Combination of Old Devices.—A patent for a combination of old devices is not infringed by a machine embracing a portion of such devices, unless in combination and operation it is substantially the same as the patented combination. ”

“ And, unless it was his intent that this should be done, I do not think that the mere fact that there had been some dividends received by the estate of a deceased partner from one or more of these partnerships would entitle a creditor to a judgment against his estate upon an indebtedness contracted by another partnership long after his death. Parsons on Part. 454; Ex parte Garland, 10 Vesey, 109-110. Persons dealing with partnerships are presumed to look to the partnerships themselves, and not to the estates of its deceased members, for the payment of debts contracted after such decease. ”

“ It does not provide that it shall be continued notwithstanding the death, but that it may be. There is no binding obligation upon the part of Patrick Rogers that this copartnership should continue after his death; it does not in terms fix and extend any liability upon him or his eatate after his death. And it seems to me very clear that if he had died intestate, and his administrator had undertaken to have carried on this partnership with the general assets of the estate, he could not, under this clause, have been justified in doing so. ”

“ In that case suit was brought in the circuit court of the United States for the eastern district of Pennsylvania, by a citizen of that district, against a foreign insurance company, and service of process was made upon its agent, who resided within the district. ”

“ The defendant in this case has substituted its own name for that of the complainants, in connection with the word "Valvoline," so that there is no pretense that the defendant is selling lubricating oils as the oils of the complainant, because it is clearly stated in their labels to be "White’s Valvoline Oil;" ”

“ Final hearing on pleadings and proofs. Bill in equity on patent for an “improvement in horse hay rakes,” granted to J. H. Shireman, October 8, 1867, and re-issued to J. E. Wisner, as his assignee, December 11, 1877. ”

“ A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations. ”

“ Neither is there anything in the pleadings which shows that these partnerships are solvent or insolvent, or whether there may be outstanding debts against them. If they are insolvent, or there be debts of them unpaid, it would be more equitable that the separate income of each should be applied to the payment of its separate indebtedness. ”

“ The provisions of this statute are substantially those of the state of Ohio, supra. In that case Mr. Chief Justice Waite, after citing, in support of the jurisdiction, Railroad Company v. Harris, 12 Wall. 65; Railway Company v. Whitton, 13 Wall. 270; Lafayette Insurance Co. v. French, 18 How. 404; and Ex parte McNeill, 13 Wall. 236, says:
“A corporation cannot change its residence or its citizenship. It can have its legal home only at the place where it is located, by or under the authority of its charter ”