American Lithographic Co. v. Werckmeister
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the construction of § 4965, Rev. Stat., are stated in the opinion. Section 4965 is a penal statute, and prosecutions under it, although civil in form, are essentially criminal prosecutions. See Backus v. Gould, 7 How. 798, 811, construing the sixth section of the act of February 3, 1831, corresponding to § 4965. Bolles v. Outing Co., 175 U. S. 262, 264; Werckmeister v. Am.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the construction of § 4965, Rev. Stat., are stated in the opinion. Section 4965 is a penal statute, and prosecutions under it, although civil in form, are essentially criminal prosecutions. See Backus v. Gould, 7 How. 798, 811, construing the sixth section of the act of February 3, 1831, corresponding to § 4965. Bolles v. Outing Co., 175 U. S. 262, 264; Werckmeister v. Am. Tobacco Co., 207 U. S. 375, 381. Discovery, i. e., production of books and papers, will not be ordered in chancery in aid of an action…
1Opinion of the CourtJustice Hughes
This is a writ of error to review a judgment of the Circuit Court of Appeals affirming a judgment upon a verdict in favor of Emil Werckmeister, plaintiff below. The action was brought under § 4965, p. 959, ch. 3, of the United States Revised Statutes, to recover penalties for the infringement of a copyright. The subject of the copyright was the painting “Chorus,” and the penalties demanded were for copies printed and sold by the Lithographic Company.
It is contended that the' recovery was unauthorized by the statute, for the reason that the copies were not found in the defendant’s possession.…
2Cases cited9 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Hammond Packing Co. v. ArkansasSupreme Court of the United States · 1909
- American Tobacco Co. v. WerckmeisterSupreme Court of the United States · 1907
- Nelson v. United StatesSupreme Court of the United States · 1906
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3Cited by28 opinions
- Harris v. NelsonSupreme Court of the United States · 1969
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- In the Matter of a Grand Jury Subpoena Directed to Marc Rich & Co., A.G. Marc Rich & Co., A.G., a Swiss Corporation v. United StatesCourt of Appeals for the Second Circuit · 1983
- ITT Community Development Corp. v. BartonCourt of Appeals for the Fifth Circuit · 1978
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