Pierpont v. Fowle
U.S. Circuit Court for the District of Massachusetts
This was a bill in equity [by John Pier-pont against William B. Fowle], asking for certain disclosures to interrogatories concerning the title, and printing, and sale of the American First Class Book, and the National Reader.
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This was a bill in equity [by John Pier-pont against William B. Fowle], asking for certain disclosures to interrogatories concerning the title, and printing, and sale of the American First Class Book, and the National Reader. It averred, that the copyright in both belonged to the complainant, of the first one for fourteen years from the-22d of June, A. D. 1S37; and of the last one, for fourteen years from the 11th of June, 1841. Besides the disclosures asked, the bill requested, that the respondent be enjoined from publishing or selling copies of either of those books during the terms before…
1Opinion of the Court
WOODBURY, Circuit Justice.
The infor-malities in this answer, as a demurrer in *654part and a reply in part, would probably be open to the exceptions taken, and be bad under the English system of pleading in chancery. Thus, if an answer is put in after a demurrer, the answer prevails and overrules the demurrer. 1 Mont. Eq. Pl. 99; 2 Dickens, 712; 6 Paige, Ch. 333; 3 Mylne & C. 653. So it overrules a plea; and both of these doctrines rest on the principle, that the demurrer and plea, giving reasons why the respondent need not answer, are withdrawn virtually or waived, by afterwards proceeding to…
2Cases cited19 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Van Horne v. FondaNew York Court of Chancery · 1821
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
- Thompson v. BrownNew York Court of Chancery · 1820
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3Cited by2 opinions
- Fred Fisher Music Co. v. M. Witmark & SonsSupreme Court of the United States · 1943
- American Code Co. v. BensingerCourt of Appeals for the Second Circuit · 1922