Legal Opinion

Werckmeister v. American Tobacco Co.

Supreme Court of the United States

Decided December 16, 1907No. 29PublishedCited by 6 opinions

EBBOB TO THE CIRCUIT COURT OF APPEALS FOB THE SECOND CIRCUIT. The facts, which involve the construction of § 4965, Rev. Stats., as amended by the act of March 2, 1895, 28 Stat. 965, and the nature of the action to recover penalties thereunder for violation of copyright, are stated in the opinion.

1Opinion of the Court

Mr. Justice-Day

delivered the opinion of the court.

This case was argued and submitted with American Tobacco Company v. Werckmeister, decided December 2, 1907, ante, p. 284.

The present action was brought to recover, under § 4965, Revised Statutes, relating to copyright (3 U. S. Compiled Stat. 3414), the penalties of $10 each, for 1,196 sheets of the alleged infringing publications claimed to have beén found in the defendant’s possession and seized by the United States marshals, under the two writs of replevin described in that suit.

Plaintiff in error, Werckmeister, offered in evidence the…

2Cases cited3 opinions

  1. Bolles v. Outing Co.Supreme Court of the United States · 1899
  2. Thornton v. SchreiberSupreme Court of the United States · 1888
  3. Eleazer F. Backus, in Error v. William Gould and David Banks, Who Sue as Well for the United States as ThemselvesSupreme Court of the United States · 1849

3Cited by6 opinions

  1. Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908
  2. American Lithographic Co. v. WerckmeisterSupreme Court of the United States · 1911
  3. Hills & Co. v. HooverSupreme Court of the United States · 1911
  4. Bosselman v. RichardsonCourt of Appeals for the Second Circuit · 1909
  5. Jerome H. Remick & Co. v. American Automobile Accessories Co.District Court, S.D. Ohio · 1924

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