 | Thomas Jodrell Phillips, Great Britain. Court of Chancery - Equity - 1849 - 914 pages
...rule must always include, viz. that long and uninterrupted possession shall be considered such primd facie evidence of title as to justify the Court in...invalid, shall have been established by an action at law. Having, in conformity with these observations, expressed his concurrence in the Vice-Chancellor's order... | |
 | Great Britain. Court of Chancery - Equity - 1850 - 744 pages
...referred, and, indeed, is only an instance of the exception which a correct 1847.—Stevens v. Keating. statement of that rule must always include, viz. that...invalid, shall have been established by an action at law. Having, in conformity with these observations, expressed his concurrence in the Vice-Chancellor's order... | |
 | Law - 1851 - 844 pages
...exception which a correct statement of that rule must always include — viz., that long and uninteruptcd possession shall be considered such prima facie evidence...have been established by an action at law." It is quite clear that there has not been in this case such a long and uninterrupted possession ; and I think... | |
 | Equity - 1852 - 794 pages
...rule must always include, viz., that long and uninterrupted possession shall be considered such prtma facie evidence of title as to justify the Court in...the general rule. The dates in this case, and the plaintiff's delay, justify the Court in requiring that an action should be brought. The plaintiff's... | |
 | John Paxton Norman - Patent laws and legislation - 1853 - 324 pages
...law. (A) 11. In a patent case, long and exclusive possession and enjoyment is considered such primd facie evidence of title, as to justify the Court in...patent right by an injunction until its invalidity is established at law.(&) In such a case, there is less inconvenience in granting the injunction than... | |
 | Henry Thurstan Holland, Thomas Chandler, Charles Edward Pollock - Common law - 1854 - 380 pages
...17 LJ, Chanc., 141. (e) Kay v. Marshall, 1 Myl. & Cr. 389, and cases there cited. will be refused, and indeed is only an instance of the exception which...shall have been established by an action at Law(/). But there should be satisfactory evidence of exclusive possession. Therefore, in a case for an injunction... | |
 | Thomas Minchin Goodeve - Law reports, digests, etc - 1884 - 664 pages
...all equal to that which you are doing by improperly granting it. In patent cases a rule steps in, ... viz., that long and uninterrupted possession shall...invalid, shall have been established by an action at law. On action brought, defendant pleaded: — 1. Not guilty. (And as to first patent) 2. That plaintiff... | |
 | Clement Higgins, George Edwardes Jones - Law reports, digests, etc - 1890 - 660 pages
...to say, go to law and prove that which you have already proved here, before 1 grant an injunction. In patent cases, however, a rule steps in which is...shall have been established by an action at law.'' (2 Pft. 335; 2 Web. PC 177.) (z) CROSSKILL v. EVORY. [1848] Though a patentee had enjoyed his patent... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1905 - 938 pages
...rule must always include, viz. that long and uninterrupted possession shall be considered such piimd facie evidence of title as to justify the Court in...invalid, shall have been established by an action at law. Having, in conformity with these observations, expressed his concurrence in the VICE-CHANCELLOR'S order... | |
 | James De Witt Andrews - Law - 1910 - 524 pages
...proved here, before I grant the injunction. In patent cases . . . long and uninterrupted possession is considered such prima facie evidence of title as to...invalid, shall have been established by an action at law" (39). The injunction is granted usually upon the condition that the plaintiff proceed without unnecessary... | |
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Keating. statement of that rule must always include, viz. that long and uninterrupted possession shall be considered such prima facie evidence of title as to justify the court in protecting the patent right by an injunction until its invalidity, if it... 