Brown v. Pond

Choate, D. J.

This is an action to recover penalties under a statute of the United States relating to copyright. Eev. St. § 4963. The summons, dated April 29, 1880, was served April 30, 1880, by the marshal. It was not indorsed with any reference to the statute imposing the penalty. The praecipe, filed April 29, 1880, directed the clerk to issue summons in an “action for statutory penalty; amount claimed, $2,500.” The defendant served notice of appearance on the eleventh of May, 1880, demanding a copy of the complaint, but “reserving the right to set aside the summons for irregularity, or any…