A Collection of Patent Cases, Decided in the Supreme And Circuit Courts of the United States, From Their Organization to the Year 1850. With Notes, And a Copious Index to the Subject-Matter

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and the Court therefore permitted him to be sworn in chief.
The plaintiff took an exception to this decision of the Court.
The objection to the competency of Aby, so far as he has an interest from being sued, cannot * be dis- [ * 469 ] tinguished, in principle, from that already overruled in the case of Evans v. Eaton. There is this additional cir- cumstance in this case, that Aby was not called as a general witness, but to establish a single fact, namely, the nature of the hopper-boy usecP by
...the defendant. The other objection upon his answers on the voir dire, is disposed of by the sin- gle remfeirk, that he purged himself of any real interest in the event of the suit. A question was asked of this witness, on his examination in chief, whether the hopper-boy in the de- fendant's mill was like the model exhibited in Court of the plaintiff's patented hopper-boy ; the plaintiff objected to the question, because such testimony could not be given in this case, for want of notice thereof. But the objection was overruled by the Court ; and, in our judgment, with perfect correctness.

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