Joseph P. Bradley

“ How those pavements were constructed we are not informed; and therefore we do not know what was the precise construction given by the court to the patent. Whether the new pavement, constructed in Redwood City, is an infringement or not, is just as much a mixed question of law and fact (as the case is presented to us) as was the question whether the pavements formerly constructed by the defendant were an infringement. It is a question which the circuit court must decide for itself in the ordinary was. If the judges disagree there can be no judgment of contempt ”

“ Section 652 of the Revised Statutes declares that when a judgment or decree is entered in a civil suit, in a circuit court held by two judges, in the trial or hearing whereof any question has occurred upon which the opinions of the judges were opposed, the point upon which they so disagreed shall be stated and certified, etc. The language is copied from the act of 1802, and shows that a certificate can only be resorted to when 'a question' has occurred on which the judges have differed, and where 'the point' of disagreement may be distinctly stated. ”

“ Whether the laying of said concrete pavement of plastic material on the ground in the manner stated, and dividing it into smaller blocks upon the surface by cutting across the surface of the larger blocks with a trowel, and afterwards running the marker along the line of the cutting with the trowel, in all respects as hereinbefore stated, constitutes an infringement of the patent to Schillinger set out in this certificate? ”