20 F. 454 | U.S. Circuit Court for the District of Northern New York | 1884
This is a motion to instruct the master in an equity action. The complainant has a patent for an “improvement in shutter hinges.” The court heretofore sustained the patent and directed á decree for an injunction and an account. 13 Fed. Rep. 456. The infringing device introduced by the complainant on the trial was a hinge known as No. 1. On the accounting she sought to extend the investigation to several other hinges manufactured and sold by the defendants, contending that they were substantially the same as No. 1, and that they were covered by the decree. To this the defendants objected on the ground, inter alia, that the hinges other than No. 1 do not infringe, and, in the absence of a decision by the court holding that they infringe, the master had no authority to proceed. This objection was sustained by the master and complainant’s counsel excepted, and immediately gave notice of a motion for an order directing and instructing the master to take and state, and report to the court, an account covering all the hinges referred to. A certified copy of the proceedings before the master is presented upon this motion. But the master has made no report and has not sought instruction or advice from the court.
The first objection interposed by the defendants is that this application is irregular and is not sustained by authority or the practice of the court. I am of the opinion that the objection is well taken. Rule 77 gives the master very general discretion in the conduct of
The motion must be denied, hut without prejudice to any other remi dy the complainant may see fit to take.