Smith v. Payne, 194 U.S. 104 (1904).
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Smith v. Payne, 194 U.S. 104 (1904). Book View Copy Cite
✓ Positive Treatment Affirmed 1 positive ▼
Smith
v.
Payne
481.
Supreme Court of the United States.
Apr 11, 1904.
194 U.S. 104
Mr. Tracy L. Jeffords, with whom Mr. ■Charles Fs Moody and Mr. E. Van Burén Oetty were on the brief, for appellants., Mr. John G. Johnson and Mr. Henry H. Glassie, special assistants to the Attorney General, for appellee.1
Brown, Harlan.
Cited by 6 opinions  |  Published

Opinion

APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA.

Mr. Tracy L. Jeffords, with whom Mr. Charles F. Moody and Mr. E. Van Buren Getty were on the brief, for appellants.

[*105] Mr. John G. Johnson and Mr. Henry H. Glassie, special assistants to the Attorney General, for appellee.[1]

MR. JUSTICE BROWN delivered the opinion of the court.

Plaintiffs are the publishers of several different series of novels under the names of The Columbia Library, The Bertha Clay Library, The Magnet Detective Library, The Medal Library, The Undine Library, The Eden Series, The Arrow Library, and some others. The books of these series are apparently of an inferior class of literature, and are numbered consecutively; but the only thing to indicate that they are issued periodically is a notice upon the outside of the back cover in small type that they are weekly or semi-monthly publications.

The considerations moving us to affirm the decree of the Court of Appeals in the case of Houghton v. Payne, just decided, apply with much greater persuasiveness to this case, and the decree dismissing the bill is, therefore

Affirmed.

MR. JUSTICE HARLAN and The CHIEF JUSTICE dissent in this case for the reasons stated in their dissenting opinions in Houghton v. Payne, ante, p. 88, and Bates & Guild Co. v. Payne, post, p. 106.

1 For abstracts of arguments, see p. 88, ante

Lead Opinion

Mr. Justice Brown

delivered the opinion of the court.

Plaintiffs are the publishers of several different series of novels under the names of The Columbia Library, The Bertha Clay Library, The Magnet Detective Library, The Medal Library, The Undine Library, The Eden Series, The Arrow Library, and some others. The books of these series are apparently of an inferior class of literature, and are numbered consecutively; but the only thing to indicate that they are issued periodically is a notice upon the outside of the back cover in small type that they are weekly or semi-monthly publications.

The considerations moving us to affirm the decree of the Court of Appeals in the case of Houghton v. Payne, just decided, apply with much greater persuasiveness to this case, and the decree dismissing the bill is, therefore

Affirmed.

Dissent

Mr. Justice Harlan and The Chief Justice

dissent in this casé for the reasons stated in their, dissenting opinions in Houghton v. Payne, ante, p. 88, and Bates & Guild Co. v. Payne, post, p. 106.