1. A decree of the District Court finding infringement of the
common law right of property in a song, granting an injunction,
and
Page 293 U. S. 378
appointing a master to take and state an account of profits and
report to the court, with the usual provisions for exceptions to
such report, is interlocutory. P.
293 U. S.
378.
2. An appeal from such a decree, taken after the time limited by
Jud.Code § 129, 28 U.S.C. § 227, has expired is beyond the
jurisdiction of the Circuit Court of Appeals. P.
293 U. S. 379.
69 F.2d 871 reversed.
Certiorari to review a decree reversing, on the merits, a decree
of injunction and for an accounting of profits in a suit based on
an infringement of the plaintiff's common law right of property in
the words of a song.
PER CURIAM.
Review was limited to the question of the jurisdiction of the
Circuit Court of Appeals. The suit was brought for the infringement
of the common law right of property in a song, and the bill sought
an accounting of profits made by the defendant. The District Court
sustained the plaintiff's right as author, and found infringement.
Decree was entered granting an injunction and appointing a special
master to take and state an account of profits, and to report to
the court, with the usual provisions for exceptions to the report.
The decree was interlocutory.
The Palmyra,
10 Wheat. 502;
Perkins v.
Fourniquet, 6 How. 206,
47 U. S.
208-209;
Craighead v.
Wilson, 18 How. 199,
59 U. S. 202
(explaining
Forgay v.
Conrad, 6 How. 201);
Beebe v.
Russell, 19 How. 283,
60 U. S. 287;
Humiston v.
Stainthorp, 2
Page 293 U. S. 379
Wall. 106;
Keystone Manganese & Iron Co. v. Martin,
132 U. S. 91,
132 U. S. 93,
132 U. S. 97;
McGourkey v. Toledo & Ohio Central Ry. Co.,
146 U. S. 536,
146 U. S. 547;
Guarantee Co. v. Mechanics' Savings Bank & Trust Co.,
173 U. S. 582,
173 U. S. 586;
Simmons Co. v. Grier Brothers Co., 258 U. S.
82,
258 U. S. 89.
The decree was entered on March 31, 1933, and the appeal to the
Circuit Court of Appeals was not taken until May 18, 1933. The
Circuit Court of Appeals entertained the appeal and reversed the
decree of the District Court. As the appeal was not taken within
the time prescribed by law, the Circuit Court of Appeals was
without jurisdiction. Jud.Code § 129, 28 U.S.C. § 227. The decree
of the Circuit Court of Appeals is reversed, and the cause is
remanded to that court with directions to dismiss the appeal.
It is so ordered.