[Download] "Wood-Paper Company v. Heft" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Wood-Paper Company v. Heft
- Author : United States Supreme Court
- Release Date : January 01, 1869
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Mr. B. F. Butler, in support of the motion, argued that on the case presented the appellant had become the sole party in interest; that the controversy was thus a fictitious one; and on the authority of both English and American precedents1 * ought to be dismissed. Mr. Jenkes, contra, contended that the evidence rightly viewed did not present such a case as opposite counsel assumed from it; that a fictitious case was not to be supposed, but, on the contrary, required clear proof; and that, even if now late in the controversy, the appellant had, without the knowledge of counsel, become the dominus litis on both sides, still that the question of damages for infringement on the bill remained to be adjusted, and that this required a settlement of the merits as they originally stood.