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Books Books 1 - 10 of 44 on The question upon the whole is, whether this is a legitimate use of the plaintiff's....
" The question upon the whole is, whether this is a legitimate use of the plaintiff's publication in the fair exercise of a mental operation, deserving the character of an original work. "
Commentaries on American Law - Page 487
by James Kent - 1858
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Commentaries on American law, Volume 2

James Kent - 1826-1830 - 1827
...—— ""STl™*"™* ~™"!™~"•""T~™•!•"•"""• • , cases. The question jgjjvhether it be a legitimate use of another's publication, in...operation, deserving the character of an original work.'' If an encyclopaedia or review should copy so much of a book as to serve as a substitute for it, it...
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A Treatise on the Equity Jurisdiction of the High Court of Chancery

George Jeremy - Equity - 1828 - 681 pages
...determination of the question, whether it is a legitimate use of the plaintiff's publication, in the fair exercise of a mental operation deserving the character of an original work (). If there were a publication professing to be an account of the improvement of maps of the county...
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The American Jurist and Law Magazine, Volume 1

Law - 1829
...question, upon the whole, is, whether this is a legitimate use of the plaintiff's publication, in the fair exercise of a mental operation, deserving the character of an original work. The effect, I have no doubt, is prejudicial : it does not follow, that therefore there is a breach...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1855
...question, upon the whole, is whether this is a legitimate use of the plaintiff's publication in the fair exercise of a mental operation, deserving the character of an original work." The fact that the defendants have arranged these notes in the shape of a Digest cannot have any effect...
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Irish Equity Reports, Volume 2

Law reports, digests, etc - 1840
...(a). His work is to all intents and purposes a treatise, and is as effectually the product of "a fair exercise of a mental operation, deserving the character of an original work," and incomparably more satisfactory and useful to the public, than it could have been, if the cases...
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The Law Times, Volume 58

Law - 1875
...question upon the whole is whether this is a legitimate use of the plaintiff's publication in the fair exercise of a mental operation, deserving the character of an original work." The crucial test in the present case was the object of the defendants in inserting the extracts. Had...
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Reports of Cases Decided in the High Court of Chancery: With ..., Volume 17

Equity - 1845
...of another's work ; but he may use, what is in all cases very difficult to define, fair quotation. A man may adopt part of the work of another. The quo...the exercise of a mental operation, deserving the charaeti r of an original work. If an encyclopedia or review should copy so much of a book, as to serve...
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An Introduction to Equity Jurisprudence: On the Basis of Story's ...

James Philemon Holcombe - Equity - 1846 - 358 pages
...extracted, is clear, the only question that can arise, is, whether or not, he has sustained any damage. A man may adopt part of the work of another. The quo animo, is the inquiry in these cases. If an encyclopedia, or review, should copy so much of a work, as to become a substitute for it, it...
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Commentaries on American Law, Volume 2

James Kent - Law - 1848
...(Maugham, p. work ; but he may use, what is in all cases very difficult to define, fair quotation.* A man may adopt part of the work of another. The quo...operation, deserving the character of an original work.b If an encyclopedia or review should copy so much of a book as to serve as a 'substitute for...
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A compendium of the law and practice of injunctions: and of ..., Volume 2

Baron Robert Henley Eden Henley - Injunctions - 1852
...cases very difficult to define, fair quotation. A raan may adopt part of the work of another. The 4110 animo is the inquiry in these cases. The question...operation, deserving the character of an original work. Wilkins v. Aitn'n, 17 Yes. 422. If an encrclopœdia or review should copy so much of a book as to serve...
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