State v. State Journal Co.

The former opinion of the court, and the opinion of Chief Justice Sedgwick, filed herewith, in substance, hold : (1) That the state has no literary property in the opinions of the supreme court so that the defendant or any other person can be restrained from printing and publishing the same upon'its own account as an independent enterprise; (2) that the allegations of the petition with ref- • erence to recovery of damages are insufficient to support *767an action at law for damages. So far I concur with the majority.

These propositions being settled there still remains the inquiry whether,* under…