Page:Federal Reporter, 1st Series, Volume 5.djvu/378

266 7EPBBAL iiErOBTES. �MiLLEF and others v. Buchanan and another. �(Vircuit Court, S. D. New Torlc. August 21, 1880.) �1. Pleading— Anbwkk — Impehtinejs-cxbi. — The answer ot the defendant �contained, inter alia, the following language : " Further answering, these defendants admit, on information and belief, that a decree was rendered in the suit of the above-named complainants against 8. J. Foree et al. , at the date as alleged in said bill ; but these defendants, on like information and belief, deny that said decree was rendered after full consideration, but, on the contrary, aver, on such informa- tion and belief, that the said decree was made, and said finding had, without a full reading of the proofs in the cause, or a careful consid- eration of the briefs of the counsel filed therein ; the court, as these defendants are advised and believe, without taking time to consider, deciding said cause and granting said decree even before counsel had completed the argument and presentation of the same." HM, upon exception, that such language was neither impertinent nor scandai' eus. �2. Same— Same — Insitpficienct. — When a bill for the infringement of a �patent substantially alleges that the defendants have used the proces» claimed in. the flrst claim of the patent, the answer is not insufflcient for want of a specifie deniai of such allegation, where such answer expresslj denies that the defendants have practiced the invention described in the flrst ciaim. — [Ed. �In Equity. Exceptions to Answer. �This was a suit for the infringement of letters patent. The complainants excepted to the answer for impertinence and insufficiency. The matter excepted to as impertinent was as follows : �"Further answering, these defendants admit, on information and belief, that a decree was rendered in the suit of the above- named complainants against S. J. Foree et al., at the date as alleged in said bill; but these defendants, on like infor- mation and belief, deny that said decree was rendered after full consideration, but, on the contrary, aver, on such infor- mation and belief, that the said decree was made, and said finding had, without a full reading of the proofs in the cause, or a careful consideration of the briefs of the counsel filed therein; the court, as these defendants are advised and be- lieve, without taking time to consider, deciding said cause ����