Page:Federal Reporter, 1st Series, Volume 10.djvu/678

 666 PBDERiL BKPOBTER. �WOOSTER V. H0W3 MACHINE Co.* {Œreuit Court, 8. D. New York. February 10, 1882.) �1. PliACTICE— EXTEKSION OF TlSEE TO TaEB TESTIMONr. �The time to take tegtimony extended, where such testiraony, if admissilite nnder the answer, applies eciually to other cases in which the time to put in proofs had net expired. �In Equity. �F. H. Betts, for plaintiff. �J. F.Dillon and W. H. L. Lee, for defendants. �BiATCHFOED, C. J. In this case, and in the cases against Schenck and the Singer Company, if these three cases stood alone, and there were net the two cases in which the three months have not expired, and in which the testimony referred to in the notice of motion has been or can be put in, I should regard the defendants as precluded by laches and by their stipulation from asking for the extension in these three cases to put in such testimony. But, as the testimony will apply to every case equally with every other case if admissible under the answer in the case, it seems proper, as the testimony ia not fully closed, to allow the extension for the purpose named in the notice, subject to all objections to be made, or already made, on the record to its admissibility or relevancy, except the objection that the time to take it has expired. ���Schneider v. LovsLii and another.* �[Gireuit Court, 8. D. New Y&rTt,. February 10, 1882.) �1. Lettetis Patent — Shade-Holderb fot: Lamps— Constkuction op. �Reissue 7,511, granted to B. B. Schneider, February 13, 1877, for an "im- provement in shade-holders for lamps," Tidd to be limited to the particulai form of shade sliown in the drawings, as nothing is ssiid in the specification or daims as to tho sliape or size or proportion of the parts of the shade. �Gifford d Gifford, for plaintiff. J. P. Fitch, for defendants. �Blatchfokd, c. j. This suit is bronght on reissned letters patent No. 7,511, granted to the plaintiff, February 13, 1877, for an "improve- �♦Reported by S. Nelson White, Esq., of the New York bar. ��� �