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Smith v. Payne

Smith v. Payne, 194 U.S. 104 (1904)
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Court
Supreme Court of the United States
Decided
April 11, 1904
Docket
No. 481
Judges
Brown, Harlan
Citations
194 U.S. 10424 S. Ct. 59548 L. Ed. 8931904 U.S. LEXIS 876
Syllabus
What are periodicals and second class matter decided on authority of Houghton v. Payne, ante, p. 88.
Summary
APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. This was also a bill, filed by the firm of Street & Smith, to enjoin the Postmaster General from cancelling certain certificates of entry admitting the publications of complainant firm to the mail as second class mail matter. This case took the same course as the preceding one.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Brown

Mr. Justice Brown

delivered the opinion of the court.

Plaintiffs are the publishers of several different series of novels under the names of The Columbia Library, The Bertha Clay Library, The Magnet Detective Library, The Medal Library, The Undine Library, The Eden Series, The Arrow Library, and some others. The books of these series are apparently of an inferior class of literature, and are numbered consecutively; but the only thing to indicate that they are issued periodically is a notice upon the outside of the back cover in small type that they are weekly or semi-monthly publications.

The considerations moving us to affirm the decree of the Court of Appeals in the case of Houghton v. Payne, just decided, apply with much greater persuasiveness to this case, and the decree dismissing the bill is, therefore Affirmed.

Dissent — Harlan

Mr. Justice Harlan and The Chief Justice

dissent in this casé for the reasons stated in their, dissenting opinions in Houghton v. Payne, ante, p. 88, and Bates & Guild Co. v. Payne, post, p. 106.

Combined text as published — syllabus, headnotes and all opinions in one document

194 U.S. 104 (1904)

SMITH

v.

PAYNE.

No. 481.

Supreme Court of United States.

Argued March 10, 1904. Decided April 11, 1904. APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA.

Mr. Tracy L. Jeffords, with whom Mr. Charles F. Moody and Mr. E. Van Buren Getty were on the brief, for appellants.

*105 Mr. John G. Johnson and Mr. Henry H. Glassie, special assistants to the Attorney General, for appellee. [1]

MR. JUSTICE BROWN delivered the opinion of the court.

Plaintiffs are the publishers of several different series of novels under the names of The Columbia Library, The Bertha Clay Library, The Magnet Detective Library, The Medal Library, The Undine Library, The Eden Series, The Arrow Library, and some others. The books of these series are apparently of an inferior class of literature, and are numbered consecutively; but the only thing to indicate that they are issued periodically is a notice upon the outside of the back cover in small type that they are weekly or semi-monthly publications.

The considerations moving us to affirm the decree of the Court of Appeals in the case of Houghton v. Payne, just decided, apply with much greater persuasiveness to this case, and the decree dismissing the bill is, therefore Affirmed.

MR. JUSTICE HARLAN and The CHIEF JUSTICE dissent in this case for the reasons stated in their dissenting opinions in Houghton v. Payne, ante, p. 88, and Bates & Guild Co. v. Payne, post, p. 106.

NOTES

[1] For abstracts of arguments, see p. 88, ante

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1912: 11937: 11978: 119122026peak 1912 · 1

Relies on it most ⓘ

  1. State v. Standard Oil Co. of Louisiana178 So. 601 (La. 1937)
  2. Standard Rate and Data Service, Inc. v. United States Postal Service584 F.2d 473 (D.C. Cir. 1978)
  3. Smith v. Hitchcock226 U.S. 53 (1912)

Most recent

  1. Standard Rate and Data Service, Inc. v. United States Postal Service584 F.2d 473 (D.C. Cir. 1978)
  2. State v. Standard Oil Co. of Louisiana178 So. 601 (La. 1937)
  3. Smith v. Hitchcock226 U.S. 53 (1912)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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