The record-union., 1894-03-30
Two LOCAL CASES DECIDED.
Injunction in the Spieker-Lash Bitters
Case Modified.
Change OF Venue From Fresno County
TO This County Denied the w. Re
Strong Company.

The Supreme Court has rendered de-
cision in the case of J. J. Spieker. re-
spondent. VS.. T. NJ. Lash ct al, ap-
pellants, Sacramento suit III equity 70
enjoin the infringement of trademark
and the diversion of the trade Of plalntln,
to whom was transferred the goodwill OF
the business in which the trademark had
been acquired and used.
The decision recites the formation OF
the partnership under the name OF L. NJ.
Lash & Co., the manufacture of "Lash's
Kidney and Liver Bitters," the trade
which was built up for the sale of it, and
the dissolution of the partnership and
transfer by Lash and his wife to Spleker
of the trademark and the right to use II
and the covenant and the warrant to de-
fend it. 1t further recites that nearly
year afterward Lash commenced to man
ufacture similar preparation, which he
called "Dr. Webs Kidney and Liver Bit
ters," and described himself on the label
as ''T. NJ. Lash, manufacturer OF DR..
Webs, the only genuine liver and kid
ney bitters," and notified the public to
address L. NJ. Lash q Co., proprletors, at
Sacramento.
The court found substantially that this
was done by Lash with intent to lnJure
Spiek ker's business, and detract from the
reputation and sale of Lash's Kidney and
Liver Bitters; that the preparations are
very similar, and composed mainly OF
the same ingredients and put up in
bottles closely resem bling Lash's Bltters,
and labeled with nearly similar labels. II
therefore gave judgment for Spieker, and
defendants appealed.
The Supreme Court thinks the motion
for a new trial was properly denied, but
thinks the Injunction which prohibits the
defendants from manufacturing should
be modified by striking out the words
land from manufacturing and selling the
said DIR. Webs, the Only Genuine Liver
and Kidney Bitters," and inserting, land
from using the name of L. NJ. Lash or /.
NJ. Lash IL Co. to designate the business
of manufacturing or selling any Liver
and Kidney, or Kidney and Liver Bit
ters, and from any infringement on the
trademark Of Lash's Kidney and Liver
Bitters, and from any imitation OF the
form or appearance of the labels used by
the plaintiff upon bottles in which he
sells Lash's Kidney and Liver Bitters."
In all other respects the judgment is
affirmed, and the costs of appeal are taxed
to the respondent.
CHANGE OF VENUE DENIED.
The court also rendered a decision IN
Company, an appeal by the defendant
from an order denying its motion for
change of venue from the county of
Fresno to the county of Sacramento.
The defendant asked for a change of
venue solely on the ground of its resi-
dence in Sacramento County, although it
admitted that the Indebtedness accrued in
Fresno County. Section Is, Article MI.
of the Constitution provides that a corpo
ration may be sued in a county where the
contract is made or is to be performed, or
where the liability or obligation arises or
where the breach occurs, or in the county
where its principal place Of business is
situated, subject to the power of the court
to change the place of trial as in other
cases.
Defendant claimed that the right of
plaintiff to sue a corporation in any other
county than that of its residence is by the
last clause made subject to the power of
the court to change the place of trial as in
other cases. And, as under the Code of
Civil Procedure defendent has right
to have a personal action against him
tried in the county where he resides, the
same right is secured to defendant cor
poration when sued upon personal de-
mand.
The Supreme Court holds that the Con-
stitution can receive no such construc-
ton, and the motion was properly de-
MED. The order is affirmed.
The similar order in the case of II.
Burness, respondent, VS.. W. R. Strong &
Co.. appellant, is also affirmed, and for
the same reasons.
PLACER AND NEVADA CASES AFFIRMED.
The judgments of the lower courts
have also been affirmed in the cases of J.
w. Gregory ct al. VS.. J. H. Gregory ct al,
Placer County case, and of Ellen e.
Holbrooke VS.. Caleb Harrington, Ne
vada County case