Scribner v. Stoddart
U.S. Circuit Court for the District of Eastern Pennsylvania
Motion for preliminary injunction. The facts in these cases, as they appeared by the bills and affidavits, were as follows: A. T. Black and others, trading as A. & C. Black, of Edinburgh, Scotland, were the proprietors of a certain publication known as the Encyclopaedia Britannica, and in 1875 they began the publication of the ninth edition of their work, which was imported into the United States and sold at $9 per volume, the work to be completed in twenty-one volumes.
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Motion for preliminary injunction. The facts in these cases, as they appeared by the bills and affidavits, were as follows: A. T. Black and others, trading as A. & C. Black, of Edinburgh, Scotland, were the proprietors of a certain publication known as the Encyclopaedia Britannica, and in 1875 they began the publication of the ninth edition of their work, which was imported into the United States and sold at $9 per volume, the work to be completed in twenty-one volumes. Shortly after its appearance Stoddart & Co. of Philadelphia announced an American reprint of the Encyclopaedia, and obtained…
1Opinion of the Court
BUTLER, District Judge.
A preliminary injunction should issue whenever, the complaint is a proper subject of equitable cognizance, the plaintiff’s right involved, and the defendant’s violation of it are clear, and the case exhibits no special facts which would render the use of the process unjust; and it should not issue under any other circumstances. Judge Story (2 Eq. Jur. 290, 291) in substance says the propriety in granting an injunction rests solely in the sound discretion of the court; and that the writ will not, therefore, be granted where it would operate oppressively, inequitably, or…
2Cited by3 opinions
- American Code Co. v. BensingerCourt of Appeals for the Second Circuit · 1922
- Hanson v. Jaccard Jewelry Co.U.S. Circuit Court for the District of Eastern Missouri · 1887
- Egbert v. GreenbergU.S. Circuit Court for the District of Northern California · 1900