NASSAU ELECTRIC R. CO. v. SPRAGUE ELECTRIC RAILWAY & MOTOR CO.

NASSAU ELECTRIC R. CO. v. SPRAGUE ELECTRIC RAILWAY & MOTOR CO. (Circuit Court of Appeals, Second Circuit. May 25, 1899.) No. 155. Appealable Decrees — Violation of Injunction. An order imposing a fine for violation of a preliminary injunction cannot be reviewed except upon an appeal from the final decree in the cause. In Error to the Circuit Court of the United States for the Eastern District of New York. This was a suit in equity by tbe Sprague Electric Railway & Motor Company against tbe Nassau Electric Railroad Company for infringement of the Sprague patent, No. 324,892, for an electric railway motor. A preliminary injunction having been granted, a motion was subsequently made to punish the defendant for contempt in violating the same, and a fine was accordingly imposed by tbe court. See 91 Fed. 786. To review tbis order, the present writ of error was sued out. Wm. H. Kenyon, for plaintiff in error. Frederick U. Betts, for defendant in error. Before WALLACE and SHIPMAN, Circuit Judges. [MAJORITY — PER CURIAM.] PER CURIAM. This is a writ of error by tbe defendant in the court below to review an order imposing a fine for the violation of a preliminary injunction, tbe action being brought to restrain tbe infringement of a patent. Upon the authority of the Debs Case, 158 U. S. 564-573, 15 Sup. Ct. 900, we are constrained to bold that the order cannot be reviewed except upon an appeal from the final decree in the cause. The writ of error is dismissed.