The Revised Reports Vol. 34 Being a Republication of Such Cases in the English Courts of Common Law and Equity From the Year 1785 As are Still of Practical Utility 1785-1866 - new book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: FRADELLA v. WELLEE. 'r1831- Jan. 31. (2 Rubs. andMvlne, 247-250.) Where a plaintiff is entitled to have an injunction made perpetual, Leach, M.ll. the defendant will have to pay the costs of the suit, however trivial the [ 247 ] subject-matter of the suit may be, if he did not, after the injunction was granted, tender the costs up to that time. In the summer of 1828, the plaintiff, having ascertained that three pirated copies, made in France, of an engraving, of which he had the copyright, had been sold by the defendant, filed his bill and obtained an injunction ex parti1. The defendant, by his answer, stated that he bought at a shop in London, which he named, some engravings; that among these were the three engravings complained of, which purported to have been engraved at Paris; that he paid 16s. for them; that, neither when he bought them nor when he sold them, had he any suspicion or notion that they were piracies, and if he had been aware of their being so, he would not have had any thing to do with them; that he had not sold any copies of the engraving in question, except these three; and that no notice of an)- complaint against his conduct was given to him before the filing of the bill. After the injunction had been obtained, the plaintiff had expressed his willingness to proceed no further in the suit, if the costs were paid. The defendant, though willing to submit to the injunction, refused to pay the costs; but took no steps to put in his answer till compelled, or to dissolve the injunction, or to dismiss the bill for want of prosecution. The plaintiff, having proceeded with the suit, obtained a decree nisi by default; and the cause now came on to be heard [ 248 3 on shewing cause against making the decree absolute. A witness proved that the defen...