LIVINGSTON V. WOODWORTH, 56 U. S. 546 (1853)

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U.S. Supreme Court

Livingston v. Woodworth, 56 U.S. 15 How. 546 546 (1853)

Livingston v. Woodworth

56 U.S. (15 How.) 546


Where the assignors of a patent right were joined with the assignee for a particular locality, in a bill for an injunction to restrain a defendant from the use of the machine patented, and the defendant raised, in this Court, and after a final decree, an objection arising from a misjoinder of parties, the objection comes too late.

Moreover, in the present case, the parties consented to the decree under which the account in controversy was adjusted.

That consent having been given, however, to a decree by which an account should be taken of gains and profits, according to the prayer of the bill, the defendant was not precluded from objecting to the account upon the ground that it went beyond the order.

The report having been recommitted to the master, with instructions to ascertain the amount of profits which might have been realized with due diligence, and the master

Page 56 U. S. 547

having framed his report upon the theory of awarding damages, this report, and the order of the court confirming it, were both erroneous.

Under the circumstances of this case, the decree should have been for only the actual gains and profits during the time when the machine was in operation, and during no other period.

Page 56 U. S. 553

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