Schreiber v. Sharpless
110 U.S. 76 (1884)

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U.S. Supreme Court

Schreiber v. Sharpless, 110 U.S. 76 (1884)

Schreiber v. Sharpless

Submitted December 17, 1883

Decided January 7, 1884

110 U.S. 76

Syllabus

1. The rule at common law that qui tam actions on penal statutes do not survive, prevails in the federal courts as to actions on penal statutes of the United States, even in states where the statutes of the state allow suits on state penal statutes to be prosecuted after the death of the offender.

2. An action to recover penalties and forfeitures for the infringement of a copyright under the provisions of § 4965 Rev.Stat. is abated by the death of the defendant.

Petition for mandamus to require the judge of the District Court of the United States for the Eastern District of Pennsylvania to reinstate a writ of scire facias sued out to bring in the executors of the will of Sharpless to defend an action commenced against him in his lifetime, under § 4965 Rev.Stat., to

Page 110 U. S. 77

recover penalties for infringing a copyright, which writ was quashed by the court after hearing the parties.

Page 110 U. S. 79

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