Page:Federal Reporter, 1st Series, Volume 5.djvu/534

 522 FEDERAL RBPORTEB. �the Southern district of New York was made were such as to deprive that decree of any greater effect than as evidence of an acquiescence in the plaintiii's daim under these patents by the particular parsons there siied, Eor that decree was in substance a decree by default. In point of fact, no oppo- sition was made to its entry'; no contest Was had before the court; and it is plain to see that the decree was because of an understanding between the parties thaticontest should cease, and not because the court had examined the plaintifif 's pat- ents and found them to be talid, �Treating the decree relied on by the, plaintiff as no more than evidence that the defendants in that suit acquiesced in the plaintiff 's claim under these patents, itis manifest that sufficient ground upon which to grant a preliminary injunc- tion has not been made to appear. The motion is thexefore denied. ����