100 F. 462 | 9th Cir. | 1900
This is a suit in equity, brought to restrain the use of four machines alleged by the complainant to be an infringement of certain letters patent issued to one Matthias Jensen and others, designed for automatically filling cans with fish, in which the court below, upon an application upon the part of the complainant for a temporary restraining order pending the hearing of the cause upon the merits, denied the application as respects the machines numbered 69, 80, and 108, respectively, and granted the preliminary injunction as respects the machine designated in the record as “the machine without a number.” The present appeal is by the defendants to the suit from that interlocutory order. (C. C.) 93 Fed. 672. The law is well settled that upon such an appeal the decision of the judge who made the order will not be reversed unless it appears, after a consideration of all the evidence upon which his acción was based, fhat-his legal discretion to.grant or withhold the