New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-19
LAW LVT'ELLIGENCeE.
United STATES CIRCUIT COURT May ie-BsfOss
Judge NELSON.


MISS BuNKLEY's BOOK.
Tseniioe NJ Buukey rr De Witt 4 Davenport and others
Injunction to prohibit Messrs DE w. a ID. from pub
hias WORK esled Ny Book Or The Ven uPasd en-
nrge portion u 10 snd being nara se o. hr own
fur her perfectrg the work according hr dictaoa and thu
nscegsry /, nds Tor publication in yooms but that ms
uresadins aoso between ha and hs partner and that Mr.
..ret With Nests De witt Davenport through NJ T,
as ssen, Of this cry 20 Prs al WORK. sad M Ms.s5:
MS but bod 5unei copyright and hat Psi1h had al,o
On Tie at sf deiene Il denied hat Miss B. tho
1 70 publish romance which pnia bs hs
heroine, and tst W. Bese ensas ~ 1sfy LAZY a. sonn
psntii 10 regard to IT, which she has rejected, &c.
OK gssendss few dss. ago. Nests
Duseubery and SANFORD Binge for plaintiff, AMI Aesss
Ys,erdsy the CONT rend1red decsion continuing the u
junction til tho final hearing Of the
The folowiDg Is the opinion OF the Couri
NELSON J.--This il bill filed by the complainant
against the defendants for the purpoee Of restraining
them from tie publication of ccrtein manuscripts OF .
work entitled Ny Book, or the Veil UPlif'ed,' Of
which she claims to be the propneoror anthoress aud
for which she has taken out a copyright.
The motion il now for preliminary Injunction, and
involves the merits OF the controversy only so far as
may be 10 ascertain whether or not tnc case
prefeuted Is such as 10 require the court 10 interfere
and strain the publication til the final hearing.
Tie defendants pet up two main grounds o' dciese:
l. That the complainant IS not the proprietor OF sn-
thoress of the manuscripts, and ~. That admtung
he 20 be the proreor auhore-l Beae Of the defend
sns duly authorized 20 contract on her behalf f the PRINT
ns md publication Of the work, and dd IN IessS
contract with De Witt Davenport two OF ms othef aeena
Iio ne s soaas-The book sssdy been printed and
copy handed up with the papers this notion All no"
enled Nv Book or The Veil upned Tale Of Pop
Iptrre a. Policy b. Josephins " Bunkey lac Novice a.
s. Js y'. Mary IncIains sArrafve other Residences
90. =. fran hat usfI
There IS also ofthe fy'leayes me iolowinfi
r eror; ssd 10 ho<e parrots who have noby
dared free aud 70 preserve tne Republic 1m W.
influence, tia volume u re'pceiaJ deaestsd "
And Il AZ address the another e.f Il rsnarksd
that tho writer would have preferred 70 RENAL. aapoteo sa5
10 euOy the rsp0e Of comes e ne Hhont euIg toet
to tams position % wLisn sas to'ay =,
"Ater hang elected her eeaPs Tom ne ns''.o 90 20 NC.
" she couhned ana which she entered tA pure aeu.os
and br gbi sntcr' .he would wiasJ eiss sanisa az
vel Of oblivion and pardon % haye fsr ossf M @
But Der asegu heye teer der d. Der MOVIES unH.ps
.enis aa 1sr goo ns t pa, ~ 49, th sos trat
ana MOI hing bu tie truth Ia order 20 yneiese hs, lion
cant, vii y found II iSs owas AZ sSs
their Jan ger from the eon Il 70 n. gay Of
isHS = l ior sassI ise !. sdd;s for
wnich the author ct The pas me- of the aashor
hin ~ he work clntalnsd IN the loos ~ - Ser~ ,a..s
,Fee, the comp ar ~. .na s r,' them THOR position
me IL 6rrnch Of Tie lei nss p nsr ~ re- ~. l
.1i.s lsl On ' me sSuans and Ms Up.beI End be
she ora "
n ~ ~ ~ ,5n5 and o. flke ont copy1s1
70 go y. We reiates this position, unless,
IN S~rt te concUslOn fh1t me coDl2antnrs uano
- ZEN mot srrs,faDsJ use.
"a that sfs colsen,sd 10 the Of her name.
1o n point offsc The 1utkoEeL Ins license snnLs
ts e. :. Of equity flof parties who deay her author
~, "a A. s ,sskinz 70 realize 70 t;nsey,s
80 rrots which is saproe3 wl resnt IN he sac Of thu
so. from he her II the fact Of consent w1
on would nlset ID. complain out % Court D1L
IL or te upOa he drlect Of her pesc1ed rser
fhsn any merit 4 tue tcfsise. -,
eoupets answer however = that the consent claimed
not upon As proof before We WI amply sdd,
upon ts branch that tere coosidrrant sFsns
c he suthorhp u the lnant % large portion Of no
book sL,s besides hat derived for The rork "
self which aken together the contrary e'aene
relied
TIE nex, eue.tk editng the complainant 70 be the al
thor Besle the defendant snihozed 70 eons
FOR the publication o. the book with the pubhshers
There q certainly conflict IN the evidence on ,ps
point. IA this branch Of tho defsnse assumes me con.
parant 10 Be the proprietor sac s1thoress the burden
npon the aefrdans establish the authority We have s
mo the paper. upon tins question ana W.
10 irs proper discrimination and must say 'hs' INC
l Of the proof, stands, y assin<t l. -
The defendants De VIA Davenport the yns'n" "a -
the contract with Besle have already printed me
course been subjected 70 consdersoe Xs,,n
| apes. has been made on this ground n 'aeH "'"'