U.S. Supreme Court Humiston v. Stainthorp, 69 U.S. 2 Wall. 106 106 (1864)
Humiston v. Stainthorp
69 U.S. (2 Wall.) 106
ERROR TO THE CIRCUIT COURT FOR
THE NORTHERN DISTRICT OF NEW YORK
Syllabus
A decree in chancery, awarding to a patentee a permanent injunction, and for an account of gains and profits, and that the cause be referred to a master to take and state the amount, and to report to the court, is not a final decree within the meaning of the act of Congress allowing an appeal on a final decree to this Court.
Stainthorp and Seguine had filed a bill in the Circuit Court for the Northern District of New York against Humiston for infringing a patent for molding candles, and had obtained a decree against him.
The decree was that the complainants were entitled to a permanent injunction, and for an account of gains and profits, and that the cause be referred to a master to take and state the amount and report to the court.
A motion was now made to dismiss the cause for want of jurisdiction.
MR. JUSTICE NELSON delivered the opinion of the Court, and after stating the case, said:
The decree is not final within the act of Congress providing for appeals to this Court according to a long and well settled class of cases, some of which we only need refer to in disposing of the case. *
Motion granted.
*
The Palmyra,
10 Wheat. 502;
Barnard v. Gibson,
7 How. 650;
Crawford v. Points,
13 How. 11;
Craighead v. Wilson,
18 How. 199;
Beebe v. Russell,
19 How. 283.