IP
RICHARDSON v. A. C. BOSSELMAN & CO. et al.
164 F. 781·United States Circuit Court for the Southern District of New York·1907
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Opinion
RICHARDSON v. A. C. BOSSELMAN & CO. et al.
(Circuit Court, S. D. New York.
June 10, 1907.)
Copyrights (§ 70*) — Action to Recover Penalties for Infringement — Procedure.
A writ of seizure issued in, or preliminary to, an action under Rev. St. § 4965 (U. S. Comp. St. 1901, p. 3414), to recover the penalty prescribed thereby for each copy of an infringing copyrighted publication found in the possession of the infringer is not strictly a writ of replevin, but only in the nature of such writ, and is not to be rendered inoperative by the technical provisions of a state statute.
[Ed. Note. — For other cases, see Copyrights, Dec. Dig. § 70.*]
On Motion to Vacate Writ and to Set Aside Service.
Philip J. McCork, for plaintiff.
Rudolph Marks, for defendants.
[MAJORITY — RACOMBE, Circuit Judge.]
RACOMBE, Circuit Judge.
Tlie motion to vacate writ and set aside service is denied. Although "in the nature of replevin/' it is not strictly a writ of replevin, and not to be rendered inoperative by the technical provision of state practice. See American Tobacco Co. v. Werckmeister, 146 Fed. 375, 76 C. C. A. 647.