Stearns-Roger Mfg. Co. v. Brown

Citations

• 114 F. 939
• 52 C.C.A. 559
• 1902 U.S. App. LEXIS 4163

Syllabus

<p>1. Right of Appear — Temporary Injunction — Party not Restrained.</p> <p>One too is not restrained from the performance of any act or from the pursuance of any course of conduct by an injunction is not legally aggrieved by the order granting it, and has no right to appeal from such order.1</p> <p>S.Same — Order Issuing Discretionary.</p> <p>The right to exercise a sound judicial discretion in granting or refusing a temporary injunction is vested in the trial court, and not in the appellate court, and its orders should not he disturbed on appeal unless they are violative of the rules of equity which have been established for the guidance of the exercise of its discretion.</p> <p>8. Patents — Preliminary Injunction — Infringement—Review on Appeal.</p> <p>Where the determination of the question of infringement on the hearing of an appeal from an order granting a temporary injunction would not be final, but one of the parties to the suit would be entitled to a consideration and decision of the same issue at the final hearing, the appelate court will defer the decision of the question until after that hearing.</p> <p>4 Same — Temporary Injunction not Granted Unless Infringement Clear.</p> <p>It is the'general rule that a temporary injunction should not be granted on ex parte affidavits in a suit for the infringement of a patent where the question of infringement is grave and difficult, and it is not clear that the defendant is guilty of infringement.</p> <p>5. Same — Temporary Injunction Continued Until Final Hearing on Proper Bond.</p> <p>But in the appellate court the presumption is that the trial court rightfully found infringement, and even where that question is grave, and its decision doubtful, an order granting a temporary injunction will not necessarily be reversed, where the court below has required the complainant to .give bond to protect the defendant against loss from the erroneous issue of the injunction; and a final determination of the question of infri