The New York herald., 1875-09-11
a.Our Boye"-Leeter Wallack
and Auguetin DAILY.
WHAT THEY ARE GOING TO DO ABOUT IT.
THE Rose Michel Love Feast
No Decision.
LAWYERS VS.. ACTORS.
The Courts and the Stage-Open-
ing Season.

lester Wallack VS.. Augustin Daly-The plaintiff
lcbfAplains in the Supreme Court that in the
winter OF 1875 Henry j. Byron wrote com.
fedy, which he entitled ''0ur Boys" and which was
duly produced for representation at the Vaudeville
Theatre in the city Of London England whore 1t is still
being performed But it has been published and
Jet exists in manuscript form under the protection of
A.agc rights and the property Of the author and
mas never been performed in New York that on the
Rith day Of August A. d. 1875 Henry j. Byron, aiore
Aad by Thomas H French, his duly authorized attor-
hey and agent sold plaintiff the sole and exclusive
Night representation and performance in said city of
said comedy and in consideration thereof this defen-
dant paid the sum Of $500 said Henry J. Byron
hhrough his attorney; that plaintiff Is the proprietor
and manager of theatre in said city and Immediately
after tho sale and purchase aforesaid commenced to
prepare and is preparing to duly represent and
perform said comedy and has already incurred ex-
pense and disbursements thereabouts and intends to
open his dramatic season with it about the last
week in September \ D. 1875 at his said theatre, Of
which intention, the 4th day Of September Of said
year, he made public announcements that the defen-
dant is also proprietor and manager Of theaEe this
city known 'he Fifth Avenue Theatre and as this
plaintiff Is crodbly informed and verify believes and
lcharges threatens TO and Is preparing to perform,
almost Immediately at the said Fifth Avenue Theatre
the comedy OF sour Boys heretofore described;
THAT the principal value to manager of theatre OF
comedy which has never been produced in the city
wherein his said theatre situated consists by the his
tory and usage OF dramatic property in It's novelty
land that the sole value of the exclusive right to pro-
lauce comedy which may be purchased consists in
Ahereby being enabled prevent another manager or
hheatre in the city from also representing per-
Forming it and dung Its novelty, and by diminishing
hhe profits Of the theatre whose manager owns such ex
Elusive right and this plant alleges that such values
tdescribed aforesaid appertain his purchase
aforesaid of the right to the performance OF the comedy
Boys and that at the time Of said purchase such
hescrbed values solely constituted the object and the
reasons for such purchase by plaintiff Pa nf under
the ayerments Aforesaid complains that the acts Of
representation Of said comedy by the defendant threat
tened and contemplated by him Aforesaid in vio
paton of plaintiffs rights in the premises aforesaid
And are imminent acts and will occasion irreparable
hmsch OF TO this plaintiff and acts damaging to
his theatre and its opening of that he has no
adequate remedy at law should they be permitted and
committed.
Wherefore the plaintiff demands as his relief by rea
Bon of the premises aforesaid that by the judgment of
fhs Court, be be declared entitled against the de-
fendant TO the sole and exclusive right to the dramatic
representation and performance in the city of New
York OF the said comedy of 0ur Boys and that the
defendant py judgment be restrained from any
possession in said city of manuscript copy of said
Fomedy, and from any thereof in said
Nity, and from any representation performance
sAt the Fifth Avenue Theatre SAID comedy or any
Rar or portions OF the dialogue, scenes incidents and
business thereof and that the plaintiff recover by judg
ment 81, 600 damages against the defendant
} 'oUR Boys DISPOSED
I This memorandum shows that have disposed Of the
right OF performance OF H. J. Byrons comedy "our
Boys in the city OF New York solely and exclusively
10 Mr. Lester Wallack, in consideration Of my receving
nightly royalty OF thirty dollars and SIS for each
matinee during its representation Walack's Theatre
And further agree 10 aid in legally protecting Mr..
Waack in his exclusive possession OF said property
T. HENRY FRENCH
:. Received, New York, August ~, 1875, from Lester
Wailack the sum Of hve hundred dollars account of
royalty for performances Of Byrons comedy of 'Our
Boys to be given Wallack's Theatre.
I. HENRY FRENCH.
TEMPORARY INJUNCTION.
Upon the complaint and the ahdayits of Lester Wal
hack and William r. Floyd let the defendant Augustin
5ay. show before a Justice of this Court
Chambers thereon Tuesday September a. OF eleven
O'Clock A. NJ. why an injunction should not issue
Etrainng him from publicly performing representing
or publicly using in the city OF New York a comedy
called ''Our Boys composed and written by Henry J.
Byron, or any part or portion thereof under any
title whatsoever and for such other further relief
may be just And it is further ordered that said de-
Iendant, his agents and servants be the meantime
Testraned and hereby forbidden suffer oro com
nit permit any such public paprmapcs; Representa-
lion or use Of sad comedy until me further orderof the
Court CHARLES DONOHUE,
judge supreme Court.