Page:Federal Reporter, 1st Series, Volume 1.djvu/213

LIGGEÏT & MYÎKS TOBACCO CO. V. MILLER. 205 �<îistrict, for trial in another, in any civil action before a cir- cuit or district court ; and except in the said cases, and the cases provided by the preceding section, no civil suit sball be brought before either if said courts against an inbabitant of ^he United States, by any original process, in any other dis- trict than that of which he is an inhabitant, or in which he is fnund at the time of serving the writ." �This is not a case that cornes within any exception to that rule. The exceptions are cases whcre the subjeot-miitter is •«'ithin the jnrisdiclion of the court. Now I dont think that section 491 S is inteiided to change the practice so far as t . permit this court, by the issuing of a notice of this charactev or any other process, to bring before it citizens from any ati ' every part of the United States, to have their rights adjndi- cated here. On the contrary, I think the section clearly con- templates that the ordinary course of equity proceedings sha'l be pursucd, and that in niany cases it will occur that on'y part of the persons intorested will be brought before the court ; for it jjrovidos, as you will observe, for a judgment whieh "may declare either of the patents void in whole or in part, or Inopera'ive, or invalid in any particular part of the United States, according'to the interest of the parties in the patent or the invention patented;" and furiher provides that "no such judgment or adjudication shall affect the right of any person, except the parties to the suit and those deriving title under theiu subsequent to the rendltion of such judgment." �Now, the consequence of giving the statute the construc- tion contended by counsel for the coniplainant would, it seems to us, be vei'y serions. This is a case of interference. The owner of a patent, residing in Maine, may, according to the construction contended for, file his bill, and by issuing notice upon bis own motion, and having it served, bring belbre the court in that state parties residing in California. �The parties interestcd in patents are often very numerous; they may be found in every state of th^^ Union, and may be, by such a proceeding as this, broiigh'; t."> any particuhr place where a complainant may sec lit to ii'o his luU, if the con- struction claimed is sustainod. \Yû ad lie: e to onr former ��� �