Roberts v. Myers

SPRAGUE, District Judge.

This is a motion for a preliminary injunction to prevent the acting of a drama called the “Octoroon.” The complainant claims as assignee of Bou-cicault, the author, who took out a copyright on the 12th of December, 1859.

The objections to the respondents divide themselves into two classes: As of the validity of the copyright, and the sufficiency of the assignment. The first objection is that this drama had been performed at the Winter Garden Theater, in New York, on the 6th day of December, 1S59, and several other days previous to the 12th, and that Boucicault was thus…