Page:Federal Reporter, 1st Series, Volume 2.djvu/337

 830 FEDERAL REFOBTEA. ���Faqi:, Administratrix, etc., and another va. The Holmes BuBGiiAB Alakm Tblegeaph Companï. �(Circuit Court, 8. D. New Torh. May 6, 1880.) �EquiTT Practicb — Petition fok Beheaeing — VERiFiCATioif of. — A pet.ition for a rehearing, on the ground of newly discovered evidence, whicb ia signed by the petitioner's folicitor and is verifled by him, to the efifect that petitioner is a corporation and he is its solicitor, and that such petition is true of his best knowledge, information and belief, is net sufflcient. It must show, by some positive testimony, that the evi- dence, with the use of reasonable diligence, could net have been pro- cured in time for the former hearing, and bo the court may judge if reasonable diligence was used. �Patent— Action for Infringbment — Practicb Whbrb Patent Has Bben Hbld Valid in Another Suit. — After a patent is adjudged valid in one action, it may always be shovm in another suit against a different defendant, and even in an application for preliminary injunction, in such suit, that the right claimed in the new suit was not fairly in controversy in the former action, or that material facts were not known or cousidered when the former suit was tried, or that there are relevant matters whioh were not adjudicated therein. �Court — Acts Onlt Betwkbn Parties and as to Actual Issues. — Courts take proofs and render decisions only between parties litigant and as to actual issues. �Dai^id Dudley Field, William Dorsheimer, John F. Dillar and Charles T. Polhamus, for the petitioners and the defendant. �Edward N. Dickerson and John K. Porter, for the plaintiffs. �Blatohfobd, C. J. In this case a decision has been filed sustaining the validity of the patent sued on as respects its eleventh, twelfth and thirteenth claims, and holding that the defendant has infringed those claims by making and selling telegraph burglar alarms, in which a circuit breaker acts automatically to break the circuit, so that by the move- ment of an armatur to and from an electro-magnet a bell is rapidly struck by a hammer, and -whieh alarms contain the inventions covered by said three claims. �The defendant now, before the usual interlocutory decree in favor of the plaintiff is entered, presents to the court a peti- tion, the prayer of which is "that a rehearing of this cause may be had, and that preparatory thereto further reference ����