The following interlocutor has been pronounced by Lord Curriebill in the case of Stewart & Co., v Elrick, now in the Court of Session :- 

“The Lord ordinary having considered the note and answers, and heard the counsel for both parties – In respect that the Note of Suspension and interdict was presented and served upon the respondent without any previous notice and without any previous intimation that the use of the machine complained of was an infringement of the complainer’s patent ; and in respect that the respondent has ceased to use the machine, and has judicially stated that he does not intend to use or vend said machine, or any similar machine that may infringe the complainer’s patent, finds it necessary to proceed further with the suspension ; Therefore refuses the note and Finds neither party liable in, or entitled to, expenses.”

Source : The People’s Journal, Saturday 23rd February 1878