Scribner v. Straus

U.S. Circuit Court for the District of Southern New York

Scribner v. Straus

130 F. 389, 1904 U.S. App. LEXIS 4811

CourtU.S. Circuit Court for the District of Southern New York

DecidedApril 22, 1904

StatusPublished

Cited by4 cases

This text of 130 F. 389 (Scribner v. Straus) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scribner v. Straus, 130 F. 389, 1904 U.S. App. LEXIS 4811 (circtsdny 1904).

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Opinion

EACOMBE, Circuit Judge.

If, as defendant contends, the bill does not set forth a cause of action under the copyright laws, this court will have no jurisdiction, there not being the requisite diversity of citizenship ; and either upon plea or demurrer, or at hearing on bill and answer, or on bill and answer and proofs, the action may be dismissed. That question is not now properly presented, and, assuming that the bill sets forth, as it evidently undertakes to do, a cause of action under the copyright statutes, the exceptions to the parts of the answer specifically indicated appear to be sound. There is such an analogy between actions under the patent laws and actions under copyright laws, that like rules of practice should be applied in both classes of cases.

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EACOMBE, Circuit Judge.

If, as defendant contends, the bill does not set forth a cause of action under the copyright laws, this court will have no jurisdiction, there not being the requisite diversity of citizenship ; and either upon plea or demurrer, or at hearing on bill and answer, or on bill and answer and proofs, the action may be dismissed. That question is not now properly presented, and, assuming that the bill sets forth, as it evidently undertakes to do, a cause of action under the copyright statutes, the exceptions to the parts of the answer specifically indicated appear to be sound. There is such an analogy between actions under the patent laws and actions under copyright laws, that like rules of practice should be applied in both classes of cases.

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Bluebook (online)

130 F. 389, 1904 U.S. App. LEXIS 4811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scribner-v-straus-circtsdny-1904.

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