United States Ex Rel. Bernardin v. Butterworth, 169 U.S. 600 (1898)

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United States ex Rel. Bernardin v. Butterworth

No. 403

Submitted February 21, 1898
Decided March 21, 1898
169 U.S. 600

ERROR TO THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

A suit to compel the Commissioner of Patents to issue a patent abates by the death of the Commissioner, and cannot be revived so as to bring in his successor, although the latter gives his consent.

The Act of Maryland of 1785, c. 80, is not applicable to such a case.

This was a motion to substitute Mr. Duell, Commissioner of Patents as defendant in the place of Mr. Butterworth, Commissioner, deceased. The case is stated in the opinion.