Felix v. Scharnweber

Citations

• 125 U.S. 54
• 8 S. Ct. 759
• 31 L. Ed. 687
• 1888 U.S. LEXIS 1913

Syllabus

<p>At the time of an action in a State court upon an agreement to pay royalties for making and selling a patented machine, evidence that the plaintiff afterwards made improvements in the machine, and that machines made and sold by the defendant upon a later model furnished by a third person were substantially like that mentioned in the agreement, was admitted, notwithstanding the defendant objected to it as going to show that the plaintiff invented the new machine, and as collaterally attacking a patent to the third person. No patent had then been introduced; and no ruling was requested or made upon' the validity or construction of any patent, or upon the legal effect of the evidence. The jury were instructed that the plaintiff was entitled to recover royalties only upon machines substantially like that mentioned in the agreement. A verdict was returned for the plaintiff, and judgment rendered thereon, which was affirmed by the highest court of the State. Held, that the record presented no federal question within the jurisdiction of this court on writ of error.</p> <p>A federal question, within the jurisdiction of this court on writ of error to the highest .court of a State, cannot be originated by a certificate of the chief justice of that court, if no such question appears by the record to have been involved in the judgment.</p>