George v. Victor Talking Machine Co., 293 U.S. 377 (1934)

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George v. Victor Talking Machine Co.

No. 128

Argued December 5, 1934
Decided December 17, 1934
293 U.S. 377

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. A decree of the District Court finding infringement of the common law right of property in a song, granting an injunction, and 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. 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. 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.