Cary Mfg. Co. v. Acme Flexible Clasp Co., 187 U.S. 427 (1903)

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Cary Manufacturing Company v. Acme Flexible Clasp Company


No. 122


Submitted December 17, 1902
Decided January 6, 1903
187 U.S. 427

ERROR TO THE CIRCUIT COURT OF
APPEALS FOR THE SECOND CIRCUIT

Syllabus

Judgments and decrees of the circuit court of appeals in all cases arising under the patent laws and under the criminal laws are made final by section six of the Judiciary Act of March 3, 1591, and cannot be brought from that court to this by appeal or writ of error. And even if a constitutional question so arises in the circuit court that a party may bring his case directly to this Court under section five of that act, yet if he does not do so, but carries his case to the circuit court of appeals, he must abide by the judgment of that court.

The case is stated in the opinion of the Court.