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· 10/16/1905

General Electric Co. v. McLaren

Citations

  • 140 F. 876
  • 1905 U.S. App. LEXIS 4850

Syllabus

<p>L Injunction — Contempt Proceedings foe Violation — Bueden and Measure of Proof.</p> <p>The burden of proof to establish the violation of an injunction rests upon the complainant, and the defendant is entitled to the benefit of every reasonable doubt. The court should be convinced that its writ of injunction has been violated before it adjudges a defendant in contempt.</p> <p>[Ed. Note. — For cases in point, see vol. 10, Cent. Dig. Contempt, § 183; vol. 27, Cent. Dig. Injunction, § 514; vol. 38, Cent. Dig. Patents, § 618.J</p> <p>2. Patents — Violation of Injunction — Evidence Considered.</p> <p>Affidavits alleging that defendant had violated the injunction of the court restraining him from practicing the process of- the Howell patent No. 726,293, and answering affidavits, considered, and the evidence held insufficient to warrant an attachment for contempt.</p>

Judges: Cross

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