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" ... that the owner permitted such use, that excuse is disposed of by affirmative action to put a stop to it. Persistence then in the use is not innocent; and the wrong is a continuing one, demanding restraint by judicial interposition when properly invoked.... "
Decisions of the Commissioner of Patents and of the United States Courts in ... - Trang 278
bởi United States. Patent Office - 1956
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The Supreme Court Reporter, Tập 21

1901 - 958 trang
...demanding restraint by judicial interposition when properly invoked. Mere delay or acquiescence cannot defeat the remedy by injunction in support of the...continued so long and under such circumstances as to de5 feat the right itself, . . . nor will the * issue of an injunction 'against the infringement of...

United States Reports: Cases Adjudged in the Supreme Court, Tập 128

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1889 - 768 trang
...demanding restraint by judicial interposition when properly invoked. Mere delay or acquiescence cannot defeat the remedy by injunction in support of the...not be refused on the ground that, as the defendant had been allowed to cut down half of the trees upon the complainant's land, he had acquired, by that...

The Pacific Reporter, Tập 38

1895 - 1168 trang
...128 US 523, 9 Sup. Ct 143, where, speaking for the court, he said: "Mere delay or acquiescence cannot defeat the remedy by injunction in support of the...such circumstances, as to defeat the right Itself." In this case the respondent's right to use and enjoy the water which would naturally flow over his...

The South Western Reporter, Tập 286

1926 - 1262 trang
...demanding restraint by judicial interposition when properly invoked. Mere delay or acquiescence cannot l Y h m = Ls Œ( }P Yv yT > d, gኧo TP 粅 v1 \ -&9*_ I boen continued so long and under such circumstances as to defeat the right itself. Hence, upon an application...

Supreme Court Reporter, Tập 9

United States. Supreme Court - 1889 - 860 trang
...demanding restraint by judicial interposition when properly invoked. Mere delay or acquiescence cannot defeat the remedy by injunction in support of the legal right, unless it has been continued so loug, and under such circumstances, as to defeat the right itself. Hence, upon an application to stay...

American Railroad and Corporation Reports: Being a Collection of the ..., Tập 5

John Lewis - 1892 - 846 trang
...Rep'r, 143, where Chief Justice Fuller, writing for the court, says: " Mere delay or acquiescence cannot defeat the remedy by injunction in support of the...not be refused on the ground that, as the defendant had been allowed to cut down half the trees upon the complainant's land, he had acquired, by that negligence,...

Reports of Cases Decided in the Court of Appeals of the State of ..., Tập 128

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1892 - 814 trang
...523), where Cliief Justice FULLER, writing for the court, says : " Mere delay or acquiescence cannot defeat the remedy by injunction in support of the legal right, unless it lias been continued so long and under such circumstances as to defeat the right itself. Hence, upon...

A Treatise on the Limitation of Actions at Law and in Equity: With an ..., Tập 1

Horace Gay Wood - 1893 - 584 trang
...». Fleming, 96 US 245. In Menendez i1. Holt, FULLER, CJ, says : " Mere delay or acquiescence cannot defeat the remedy by injunction in support of the...long and under such circumstances as to defeat the light itself. Hence, upon an application to stay waste, relief will not be refused on the ground that,...

A Selection of Cases on Equity Jurisdiction, Tập 1

William Albert Keener - 1894 - 908 trang
...Holt,4 where Chief Justice Fuller, writing for the court, says: " Mere delay or acquiescence cannot defeat the remedy by injunction in support of the...not be refused on the ground that, as the defendant had been allowed to cut down half the trees upon the complainant's land, l1e had acquired by that negligence...

The American and English Encyclopedia of Law, Tập 26

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1894 - 1058 trang
...account of sales or damages. Low r. Fels, 35 Fed. Rep. 361. Mere delay or acquiescence cannot deTeat the remedy by injunction in support of the legal right,...such circumstances as to defeat the right itself. Where consent by the owner, to the use of his trade-mark by another, is to be inferred from his knowledge...




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