Backus v. Gould
Supreme Court of the United States
This case was brought, by writ of error, from the Circuit Court of the United States for the Northern District of New York. It was a qui tarn action, brought by Gould and Banks against Backus, for an alleged invasion of their copyright in nine volumes of Cowen’s Reports, and the first three volumes of Wendell’s Reports.
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This case was brought, by writ of error, from the Circuit Court of the United States for the Northern District of New York. It was a qui tarn action, brought by Gould and Banks against Backus, for an alleged invasion of their copyright in nine volumes of Cowen’s Reports, and the first three volumes of Wendell’s Reports. On the trial, the affidavit of John L. Wendell was read,, stating that he, the deponent, was the real plaintiff, and that Gould and Banks were merely nominal plaintiffs. In 1838, Backus published a book entitled “ A Digest of the Causes decided and reported in the Superior…
1Opinion of the CourtJustice McLEAN
This cause is brought here by a writ of error to the Circuit Cfiurt of the United States for the Northern District of New York.
An action of debt was brought by .Gould and Banks to recover certain penalties alleged to have been incurred by the invasion of the copyright of the plaintiffs in twelve volumes of law reports, to wit, nine volumes of Cowen’s Reports and three of Wendell’s, by the publication of a Digest as a supplement or third volume of Johnson’s Digest. The defendant pleaded nil debit.
On the trial, the plaintiffs proved themselves entitled to the copyright of the first, second, and…
2Cited by1 opinion
- 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