Von Schmidt v. Von Schmidt

This is an action to establish the interest of plaintiff in certain patented inventions, the patents for which inventions issued to the defendant; to have defendant decreed to be a trustee of plaintiff, and to have him account to plaintiff for the profits arising therefrom.

A final judgment was rendered in favor of defendant September 10, 1892, from which plaintiff appeals.

The cause comes up on the judgment-roll without any statement or bill of exceptions.

The point made on behalf of appellant is that there are two judgments in the case, the latter of which (being the one from which this appeal is taken) is void.

The record shows that the amended complaint was filed May 6, 1890.’ Defendant answered September 29, 1890, denying all the material allegations of the complaint, and setting up the statute of limitations.

There is in the record what purports to be a decree in the cause, and to have been entered and recorded July 18, 1892, which recites that, in February, 1892, defendant, pursuant to notice, was subpoenaed to appear before John P. Poole, a notary public, to be sworn and to testify as a witness in said cause; that he appeared before the notary at the time and place…