Morrison Waite

“ All the defendants were enjoined from infringing the patented machine, and all were made liable for the payment of the damages which the patentee had sustained by their joint acts as partners. Clearly, therefore, the case is within the statute, and may be proceeded with accordingly. The cause of action is one that survives to the surviving appellants. Undoubtedly cases may arise in which the presence of the representatives of a deceased appellant will be required for the prosecution of an appeal, notwithstanding the survivorship of others. ”

“ In the present case the representatives of the decedent, although notified, do not appear. It is proper, therefore, that the appeal should proceed under the statute at the suit of the survivors, and an entry to that effect may be made. ”