Schreiber v. Sharpless
Supreme Court of the United States
ORIGINAL. Petition- for mandamus to require the judge of the District Court of the United States for the Eastern District of Pennsylvania to reinstate a writ of scire facias sued out to bring in the executors of the will of Sharpless to defend an action commenced against him in his lifetime, under § 4965 ítev. Stat., to recover penalties for infringing a copyright, which writ was quashed by the court after hearing the parties.
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ORIGINAL. Petition- for mandamus to require the judge of the District Court of the United States for the Eastern District of Pennsylvania to reinstate a writ of scire facias sued out to bring in the executors of the will of Sharpless to defend an action commenced against him in his lifetime, under § 4965 ítev. Stat., to recover penalties for infringing a copyright, which writ was quashed by the court after hearing the parties. The question raised in this case is whether or not an action to recover a penalty imposed by Congress for the infringement of a copyright survives after the death of…
1Opinion of the CourtChief Justice Waite
The petitioners sued Charles L. Sharpless in the District Court of the United States for the Eastern District of Pennsylvania to recover certain penalties and forfeitures claimed under the provisions of sec. 4965 of the Revised Statutes, for the infringement of a copyright.' Sharpless' died after issue joined, but before judgment. After his death had been suggested by his attorney in the cause, the petitioners sued out a scire facias against Anna R. Sharpless, executrix, and Charles W. Sharpless, executor of his will, requiring them to appear and become parties to the action, or show cause…
2Cited by162 opinions
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- Patton v. BradySupreme Court of the United States · 1902
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