71 F. 574 | U.S. Circuit Court for the District of Southern Ohio | 1896
This case is before the court on a petition which is, in one aspect, a petition for rehearing, and upon a showing of newly-discovered alleged anticipations of the complainants’ patent. Upon the hearing this court dismissed the bill. The supreme
“The case being thus left open, by the opinion and mandate of this court, and by the general rules of practice in equity, for further proceedings, with a right in the plaintiffs to ñle a replication putting the cause at issue, the circuit court might, in its discretion, allow amendments of the pleadings for the purpose of more fully or clearly presenting the facts at issue between the parties.”
The case is parallel to this case. The opinion, reversing the final decree in favor of the defendants below and ordering further proceedings in accordance with the opinion of the supreme court, placed the plaintiffs in no better position than they would have occupied if the decree by the court below had been in their favor. The further proceedings must be under and in accordance with the supreme court rules governing practice in equity. As in the Sanford Tool Co. Case amendments to the pleadings could be allowed in the discretion of the court below, and in accordance with those rules, so in this case the interlocutory decree could be opened upon a proper showing for a rehearing upon newly-discovered evidence, presenting matters which were not and could not have been considered in the case presented to the supreme court. The opinion of the supreme court will, of course, be recognized as the law of the case, and unless the defendants, upon the matters suggested in the application for rehearing, can make a case radically different from that presented to the supreme court, the rehearing will not avail. With this understanding and qualification, the petition for rehearing will be allowed.