Page:Federal Reporter, 1st Series, Volume 2.djvu/341

 S34 FEDEBAIi BEFOBTEB. �now seeks to addace in regard to the Hall macliine, the Morse model instrument, and the matters suggested as bearing on the right to use, in connection with a long or main circuit for telegraphing, the devices covered by the eleventh, twelfth and thirteenth claims of the plaintiffs' patent. �The sole case set forth is that the soliciter, according to his best knowledge, information and belief, is of opinion that the defendant supposed it had used ail due diligence to obtain ail competent evidence of past inventions. There is no oath of any offieer of the corporation, or of auy person who searohed for evidence, or anything to show what search was made, or ■what knowledge or information was had or not had, or what diligence was in fact used, so that the court can judge whether such diligence was due or reasonable. The "best knowledge, information and belief" of the solicitor may be none at ail. Bogardus t. Trinity Ckurch, 4 Sandford's Ch. E. 369. �Without at ail passing upon the question as to whether or how far the evidence eought to be adduced would be material and important, or immaterial and unimportant, on any point to whioh it might be sought to be applied, if it were in the case, the demurrer must be sustained, and the petition be dis- missed, with costs, for the reason before set forth. �A petition entitled in this suit is presented to this court by three corporations, not parties to this suit, which operate lines of telegraph. The petition sets forth that it is claimed by the plaintififs that devices used by them on their telegraph lines are an infringement of the plaintiffs' patent ; that a judgment entered without qualification in this case in the usual form, and foUowing the language of the decision which bas been given, if it were to be held in other courts and in other cases in this court so far autboritative as to afford ground for a provisional injunction in the first instance, would seriously interfere with the petitioners and with every telegraph company in the country, and with every company using telegraph lines, if it did not put a stop to their use of the telegraph altogether ; that the petitioners ought not in justice to be so affected by the judgment in this case for the foUowing reasons : (1) ����