The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880. Page: 74
xiv, 928 p. ; 23 cm.View a full description of this legislative document.
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FEDERAL REPORTER.
decides that the clerk is not entitled to commissions "for
receiving, keeping, and paying out money," unless the money
has actually passed through his hands, or into the custody of
the court, or has been agreed to be so considered.
In re Goodrich, 4 Dill. 230, it was held that the statute
implies that the money shall be actually received, kept, and
paid out by the clerk, and that, generally at least, even where
a fund is ordered to be paid through the clerk, the parties
may disregard the order and pay directly, and deprive the
clerk of his commissions. And see Upton v. Triblecock, 4
Dill. 232, note. I doubt if I should go so far as was done
in Goodrich's Case, if it appeared that there was a combina-
tion between the parties to make the payments so as to defeat
the clerk's commissions. However, this case clearly falls
within the rule that the clerk is not entitled to commissions
unless the money passes through his hands, either actually
or constructively. It was not the duty of the assignee, under
any statute or other law, to pay the fund he held into this
court, nor was he even ordered to do so. The item of $90,
charged by the clerk, must be, therefore, disallowed.
HoLLn v. VEaRGNNEB MACmIN Co.
(Circuit Court, D. Vermont. October 5, 1880.)
L RA-IssuE No. 5,132-FmsT GLA .--The first claim of re-issued let-
ters patent No. 5,132, dated November 5, 1872, for a new system of
water-works for supplying cities and towns with water, held valid.
Holly v. Union City, 14 0. G. 5.
2. PATENT No. 94,747, dated September 14, 1869, for a new safety valve
for street water pipes, held valid.
3. Or.ADe-sCONSTUCrrTION-Se cI cArIo.-The specification of a patent
may be referred to for the purpose of ascertaining the meaning of the
claims.
Bates v. Cob, 15 0. G. 337.
Brooks v. Fiak 15 How. 215.
4. MAcwmes-BussTANTIAL IDENTITY.-Machines are substantially the
same, in the sense of the law of patents, when they perform the same
function in substantially the same way to accomplish the same result.
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Boyle, Peyton. The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880., legislative document, 1881; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36333/m1/88/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.