Legal Opinion

Nash v. Lathrop

Massachusetts Supreme Judicial Court

Decided May 11, 1886PublishedCited by 17 opinions

Petition for a writ of mandamus to compel the reporter of decisions of this court to allow the petitioner, the publisher of the Daily Law Record, a daily paper devoted to legal intelligence, to examine, and, for the purpose of publication, take copies of the opinions of the court which are in the custody of the respondent as reporter. The answer averred, that, by the Pub.

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Petition for a writ of mandamus to compel the reporter of decisions of this court to allow the petitioner, the publisher of the Daily Law Record, a daily paper devoted to legal intelligence, to examine, and, for the purpose of publication, take copies of the opinions of the court which are in the custody of the respondent as reporter. The answer averred, that, by the Pub. Sts. c. 159, § 61, the respondent was bound to keep in some safe and convenient place in Boston the written opinions of the court in all law cases argued in the several counties, until their publication in the reports, and…

1Opinion of the CourtMorton, C. J.

[After a statement of the facts of the case.] The questions whether the Commonwealth has an absolute *35property in the opinions of the justices after they are filed with the reporter of decisions, whether it has a copyright in such opinions which it can exercise itself or assign to an individual, and whether a copyright on the volumes of the reports covers such opinions, so as to prevent any person from publishing them after they have been published in the volumes of the reports, are not necessarily involved in this case.

It may be decided upon a narrower question, which is, whether the…

2Cases cited2 opinions

  1. Little v. GouldU.S. Circuit Court for the District of Northern New York · 1851
  2. Chase v. SanbornU.S. Circuit Court for the District of New Hampshire · 1874

3Cited by17 opinions

  1. Banks v. ManchesterSupreme Court of the United States · 1888
  2. New York Post Corp. v. LeibowitzNew York Court of Appeals · 1957
  3. Georgia v. Public Resource.Org, Inc.Supreme Court of the United States · 2020
  4. Pennsylvania Co. v. City of ChicagoIllinois Supreme Court · 1899
  5. Building Officials & Code Adm. v. Code Technology, Inc.Court of Appeals for the First Circuit · 1980

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