Opinion
August Term, 1897.
Present — Patterson, Rumsey, Williams, O'Brien and Parker, JJ.
Order modified as directed in opinion and as modified affirmed, without costs.
The order should be modified by inserting in the proper place in the proceedings before the referee of March 16, 1895, the following questions and answers: "Q. Were they laid under either of the original patents? A. No, sir. Q. Were they laid under either of the re-issued patents? A. No, sir," and by inserting in the case in the proceedings had on the 5th of December, 1895, the following: "Q. Were they laid under either of the re-issued patents? A. No, sir." By Mr. Hassett: "Q. Do you wish to make any change in your answer to that question? A. I do; I wish to strike out the answer, `No, sir,' and to say that they were laid under one of the re-issued patents." The order as thus modified should be affirmed, without costs to either party.