George v. Victor Talking Machine Co.
Cases that cite this one
29 later published cases cite this decision. The 25 that cite it most often are listed here.
- Paul L. Fitzsimmons v. Howard Yeager, Principal Keeper of the New Jersey State Prison at trenton,n.j. And the State of New Jersey (3d Cir. 1968)
- Wolfinger v. Mueller (6th Cir. 1948)
- Wilkins v. Menchaca (In re Wilkins) (United States Bankruptcy Appellate Panel of The Ninth Circuit 2018)
- Gonzalez v. Thaler (Supreme Court of the United States 2012)
- Magda Marin Piazza v. Awilda Aponte Roque (1st Cir. 1990)
- Cohen v. Board Of Trustees Of The University Of Medicine And Dentistry Of New Jersey (3d Cir. 1989)
- Cohen v. Board of Trustees of the University of Medicine & Dentistry (3d Cir. 1989)
- Alan L. Baldwin and George Q. Cannon, Jr. v. Redwood City, Alan L. Baldwin and George Q. Cannon, Jr. v. Redwood City (9th Cir. 1976)
- John Zwack, Bela Zwack and Dora Zwack, as Co-Partners Doing Business as J. Zwack & Company v. Kraus Bros. & Co., Inc. (2d Cir. 1956)
- United States v. Scarlata Appeal of Di Pippa (3d Cir. 1954)
- United States v. Kovich (7th Cir. 1953)
- McDonald v. Kershaw, Butler, Engineers, Ltd. (5th Cir. 1949)
- Miles v. Matthews (5th Cir. 1948)
- Larsen v. Wright & Cobb Lighterage Co. (2d Cir. 1948)
- French v. Jeffries (7th Cir. 1947)
- Bowles v. Rice (6th Cir. 1946)
- Victor Talking Mach. Co. v. George (3d Cir. 1939)
- Leonardi v. Chase Nat. Bank of City of New York (2d Cir. 1936)
- Gonzalez v. Thaler (Supreme Court of the United States 2012)
- Browder v. Director, Dept. of Corrections of Ill. (Supreme Court of the United States 1978)
- Donald R. Barrett v. Grand Trunk Western Railroad Company (7th Cir. 1978)
- Baltimore Contractors, Inc. v. Bodinger (Supreme Court of the United States 1955)
- Waddell v. Chicago Land Clearance Commission (7th Cir. 1953)
- Nachtman v. Crucible Steel Co. of America (3d Cir. 1948)
- Colonial Book Co. v. Amsco School Publications, Inc. (District Court, S.D. New York 1942)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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. Fowrniquet, 6 How. 206, 208, 209; Craighead v. Wilson, 18 How. 199, 202 (explaining Forgay v. Conrad, 6 How. 201); Beebe v. Russell, 19 How. 283, 287; Humiston v. Stainthorp, 2 *379 Wall. 106; Keystone Manganese Co. v. Martin, 132 U. S. 91, 93, 97; McGourkey v. Toledo & Ohio Central Ry. Co., 146 U. S. 536, 547; Guarantee Co. v. Mechanics’ Savings Bank & Trust Co., 173 U. S. 582, 586; Simmons Co. v. Grier Brothers Co., 258 U. S. 82, 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.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.