Special Feature
Samuel L. Clemens vs. Belford, Clarke & Company
The Book | Bill of Complaint | Demurrer | The Court's Decision
Demurrer
Circuit Court of the United States,
NORTHERN DISTRICT OF ILLINOIS.
IN EQUITY.
SAMUEL L. CLEMENS v. BELFORD, CLARKE & CO.
DEMURRER.
The joint Demurrer of the Defendants BELFORD, CLARKE & CO., ALEXANDER BELFORD and JAMES CLARKE, to the Bill of Complaint of SAMUEL L. CLEMENS, said Complainant.
These defendants demur to the said bill, and for cause of demurrer they show that the said bill is uncertain, informal and insufficient in this, that --
1. The said bill does not show whether the said book mentioned in paragraph 7 of said bill, and which it is alleged in said bill these defendants have wrongfully made and sold, or any part thereof, is or is not identical with or substantially like any book or writing of which said complainant is the author or writer.
2. The said bill does not show whether the injury to the complainant alleged to arise from the alleged wrongful publication of said book by the defendants consists in a false representation in said book contained, that said complainant was the author of said book and of the different articles and writings therein contained, or in an unauthorized publication by the defendants in said book of articles and writings of which said complainant was the author.
3. The said bill does not show whether or not the said preface therein set forth in paragraph 8 was written or composed by the complainant, nor whether the same is or is not substantially like any writing or article of which the complainant is the author.
4. The said bill does not show whether the injury to the complainant alleged to arise from the said publication by the defendants of the said preface consists in a false representation in said preface contained, that the complainant was the author or writer thereof as a part of and in reference to the said book, or in an unauthorized publication by the defendants in said book of the said preface of which the complainant was the author.
5. The complainant has not made or stated in his said bill such a case as entitles him in a court of equity to the relief therein prayed for, or any part thereof.
Wherefore, and for other causes of demurrer appearing in said bill of complaint, these defendants demur to the said bill and to the matters and things therein contained, and pray judgment whether they shall be compelled to make any further answer thereto, and to be hence dismissed with costs. &c.
