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BALLARD V. SEARLS, 130 U. S. 50 (1889)

U.S. Supreme Court

Ballard v. Searls, 130 U.S. 50 (1889)

Ballard v. Searls

No. 144

November 26, 1888, submitted

December 3, 1888, postponed until hearing on the merits

December 20, 1888, resubmitted

Decided March 6, 1889

130 U.S. 50




Searls, the appellee, filed a bill in the Circuit Court of the United States for the Eastern District of Michigan against Worden for infringement of letters patent. After hearing, a decree was entered in that case in his favor for the recovery of $24,960.31 damages and costs. Worden appealed to this Court, but gave no supersedeas bond. Thereupon execution issued on the decree, which was levied on certain lots, the property of Ballard, the appellant. Searls then filed his bill in the circuit court in aid of the execution, praying to have a conveyance by Worden to Ballard of the lots levied upon set aside, as made to defraud Worden's creditors. On the final hearing of that case, the conveyance was set aside as fraudulent, from which Ballard took this appeal. Meanwhile, Worden's appeal in the patent suit was reached on the docket in this Court, and, after hearing, the judgment below was reversed, and the cause was remanded to the

Page 130 U. S. 51

circuit court with directions to dismiss the bill. See 121 U. S. 121 U.S. 14. Thereupon Ballard moved in this case, on the records in the two cases, and on affidavits to reverse the decree of the court below and to remand this cause to the circuit court with direction to dismiss the bill. Held that if such a course could properly be taken in any case, it would be improper to take it in this case, but that, as the appellant might be subjected to great injustice if the cause should go to hearing on the appeal in the present condition of the record, the cause should be remanded with instructions to the Circuit Court to allow the defendant below to file such supplemental bill as he might be advised in the nature of a bill of review, or for the purpose of suspending or avoiding the decree upon the new matter arising from the reversal of the former decree in Worden v. Searls.

This was a motion to remand the cause with directions to the circuit court to dismiss the bill. The case is stated in the opinion.

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