Lewis Pub. Co. v. Wyman
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. Suit by the Rewis Publishing Company against Prank Wyman and another. Judgment for defendants (168 Ped. 752), and complainant appeals.
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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. Suit by the Rewis Publishing Company against Prank Wyman and another. Judgment for defendants (168 Ped. 752), and complainant appeals. This suit was begun March 18, 1907, by the Lewis Publishing Company, the publisher oí the Woman’s Magazine, against Frank Wyman and James L. Stice, respectively the postmaster and assistant postmaster at St. Louis, Mo., to enjoin them from depriving it of the right to send its publication through the mails as second-class matter at the postage rate of one cent per pound.…
1DissentSanborn, Circuit Judge
I find myself unable to concur in the opinion of the majority that this has become a moot case or that the complainant has a remedy at law so prompt and efficient as to bar relief in equity. The admissions of the defendants and the evidence in this case have convinced me that the Woman’s Magazine was admitted to transmission in the mails as second-class matter in October, 1903, that from that time forward the complainant was entitled, under the repeated rulings of the officers of the Postal Department and under the statutes and the regulations applicable to that department, to the…
2Cases cited39 opinions
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Cary v. CurtisSupreme Court of the United States · 1845
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Belknap v. SchildSupreme Court of the United States · 1896
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
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