Falk v. Curtis Pub. Co.

McPHERSON, District Judge.

This is an action of assumpsit to recover from the defendant the statutory penalty for reproducing a copyrighted photograph without the owner’s consent. A verdict-lias been rendered fo-r the plaintiff, and the pending motion is based upon the following reservation of a question of law:

“Upon the 29 th day of September one copy of the October number [of the infringing magazine] was bought by the office boy of Mr, Hyneman, and at a somewhat later hour of the same day the deputy marshal went to the office *968of. the defendant with two writs, — one a writ of replevin, and…