Johnston v. Klopsch
U.S. Circuit Court for the District of Southern New York
Motion to strike out plea. The action was brought under Rev. St. § 4905, as amended, to recover §20,000 as penalties for infringement of copyright.
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Motion to strike out plea. The action was brought under Rev. St. § 4905, as amended, to recover §20,000 as penalties for infringement of copyright. The defendant interposed a plea that he “comes and defends the wrong and injury when,” etc., and says “that he is not guilty of the supposed grievances above laid to his charge in manner and form as the said plaintiff hath above thereof complained against him,” etc., “and of this he, the said defendant, puts himself upon the country,” etc., “and the said plaintiff doth the like,” etc.
1Opinion of the Court
LACOMBE, Circuit Judge.
The motion is granted. Celluloid Mfg. Co. v. American Zylonite Co., 34 Fed. 744. The system of code pleading provides a method for “pleading the general .issue” which harmonizes with the other pleadings therein provided for, and which should be followed, since sections 4969 and 914, Rev. St., are to be construed together, and full effect given to both. An answer which contains a general denial of all the averments of the complaint, taken in connection with the provisions of section 4969, to the effect that defendant may, upon the trial, “give special matter in…
2Cases cited1 opinion
- Celluloid Manuf'g Co. v. American Zylonite Co.U.S. Circuit Court for the District of Southern New York · 1888
3Cited by1 opinion
- Falk v. Curtis Pub. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1900