Morrison Waite

“ And on such appeals no new evidence shall be received in the Supreme Court, except in admiralty and prize causes.'
Construting this statute in the light of those from which it was taken, and the practice that had prevailed in the courts, which it was undoubtedly intended to confirm, we think the power of the courts below, and of this court, over the transmission of original papers to this court on appeal, is, and should be, confined to such as require actual inspection as originals in order to give them their full effect in the determination of the suit. ”

“ No complaint was made of their authenticity, and, so far as any representations have been made to us, there can be no possible necessity for their inspection. The order of the court was for the transmission of 'the original exhibits, patent certificates, schedules, drawings, and models on file, along with and as part of the record and transcript.' It is true that the affidavits were attached as exhibits to the bill of review and answer, but we think the term 'exhibit' was not used in that sense in the order. ”

“ On the 24th of January, 1874, a supplemental petition was filed, setting forth a considerable number of rejected applications for letters-patent for improvements in well-tubes, which, it was claimed, described the complainant's patented invention. All the several applications were attached to the supplemental petition as exhibits. ”

“ In the original answer, a prior invention of one Young was set up, which, it was said, was like that of Craig, and the public use of this machine with the consent and allowance of Young in Mobile and Memphis. ”

“ It is further ordered by the court, upon the consent of the parties hereto, that the affidavits taken by the parties and filed herein stand and be treated as depositions, and as such be read on the hearing. ”