Henderson v. Tompkins
U.S. Circuit Court for the District of Massachusetts
In Equity. On demurrer to bill. The bill of complaint was as follows: David Henderson, of Chicago, in the state of Illinois, a citizen of the United States, brings this, his bill of complaint, against Eugene Tompkins, of Boston, in the state of Massachusetts, a citizen of the United States; and thereupon .your orator complains, and says: (1) Tliat your orator, being the proprietor of a certain dramatic composition entitled “Ali Baba, or Morgiana and the Forty Thieves,”…
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In Equity. On demurrer to bill. The bill of complaint was as follows: David Henderson, of Chicago, in the state of Illinois, a citizen of the United States, brings this, his bill of complaint, against Eugene Tompkins, of Boston, in the state of Massachusetts, a citizen of the United States; and thereupon .your orator complains, and says: (1) Tliat your orator, being the proprietor of a certain dramatic composition entitled “Ali Baba, or Morgiana and the Forty Thieves,” written or composed by citizens of the United States, did, on or before the (late of publication in this or any foreign…
1Opinion of the Court
PUTRTAM, Circuit Judge.
This case was argued orally In July last. The court would have been pleased to hare disposed of it immediately thereaftérwards, but counsel desired permission to fie additional briefs, which was granted. They were not filed until October last. The case thus lost its place, and was not easily taken up again.
*761One ground of demurrer is an alleged lack of originality. It was claimed at the hearing that the court had the judicial knowledge touching the portion of complainant’s dramatic composition under consideration requisite to dispose of the question of novelty on…
2Cases cited13 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Burrow-Giles Lithographic Co. v. SaronySupreme Court of the United States · 1884
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
- Slawson v. Grand Street RailroadSupreme Court of the United States · 1883
- Phillips v. DetroitSupreme Court of the United States · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
- M. Kramer Manufacturing Co., Inc. v. Hugh Andrews, Tim Caldwell, Drew's Distributing, Inc., Drew's Distributing Co., and Lynch Enterprises, Inc.Court of Appeals for the Fourth Circuit · 1986
- Remick Music Corp. v. Interstate Hotel Co. of NebraskaDistrict Court, D. Nebraska · 1944
- Dezendorf v. Twentieth Century-Fox Film CorporationCourt of Appeals for the Ninth Circuit · 1938
- National Cloak & Suit Co. v. KaufmanU.S. Circuit Court for the District of Middle Pennsylvania · 1911
5 more not listed; retrieve them via the Exa API.