WOOSTER v. BLAKE and others.

Circuit Court, S. D. New York.

June 20, 1881.

1. EQUITY PRACTICE—RULE 34.

Rule 34 of the rules of practice prescribed by the supreme court for the courts of equity of the United States, requires that on overruling a plea the defendant shall be allowed to answer; that leave must be given to it.

In Equity.

F. H. Betts, for complainant.

W. H. L. Lee, for defendants.

BLATCHFORD, C. J. The company is willing to have its plea overruled. That is all the plaintiff can ask. But rule 34 requires that on overruling a plea the defendant shall be allowed to answer; that leave must be given to it. A preliminary injunction will be issued against the other defendants on the claims of the Robjohn patent, which was adjudicated upon in the decision; but if such an injunction is asked for against the company, it must be moved for on papers and notice. An order will be settled on notice.

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