Legal Opinion

Little v. Gould

U.S. Circuit Court for the District of Northern New York

Decided February 27, 1851PublishedCited by 8 opinions

This was a motion for a provisional injunction, founded upon a bill and affidavits. The plaintiffs [Edwin C. Little and Oliver Scovill] claimed the exclusive right to print, publish and sell a book entitled “Reports of Cases Argued and Determined in the Court of Appeals of the State of New-York, with Notes and References and an Index, by George F. Comstock. Counsellor at Law, Vol. III.”

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This was a motion for a provisional injunction, founded upon a bill and affidavits. The plaintiffs [Edwin C. Little and Oliver Scovill] claimed the exclusive right to print, publish and sell a book entitled “Reports of Cases Argued and Determined in the Court of Appeals of the State of New-York, with Notes and References and an Index, by George F. Comstock. Counsellor at Law, Vol. III.” They alleged that this right had been violated by the defendants [Anthony Gould and others], and prayed an injunction to restrain its further infringement. The bill set forth that, in pursuance of an act of…

1Opinion of the Court

CONEXING, District Judge.

To maintain the denial by the defendants of the plaintiffs’ title, their counsel rely mainly upon a provision contained in the constitution of the state of New-York.

By the constitution and laws of the United States, authors are invested with the exclusive right and liberty, for a limited period, of printing, re-printing, publishing and vending their books; and this right is extended to their executors, administrators and assigns. The right is held to belong to the reporters of judicial decisions in common with other authors, to the extent of their authorship in the…

2Cited by8 opinions

  1. Bisel v. LadnerCourt of Appeals for the Third Circuit · 1924
  2. Nash v. LathropMassachusetts Supreme Judicial Court · 1886
  3. Wooster v. Crane & Co.Court of Appeals for the Eighth Circuit · 1906
  4. Banks & Bros. v. West Publishing Co.U.S. Circuit Court for the District of Minnesota · 1886
  5. Sarony v. Burrow-Giles Lithographic Co.U.S. Circuit Court for the District of Southern New York · 1883

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