author; and that the plan and arrangement of said Covell's said books, are essentially different from those of the said complainant's said books; and that the said books of said Covell, are better suited and adapted for the use of numerous teachers and pupils, and for common and general use in the instruction of the young in English Grammar, than the said books of the said complainant, by reason of a better arrangement and treatment of the subjects, and by reason of various subjects, matters, instructions and exercises, contained in said books of said Covell, whereof he is the author; and that before the publication of the said first edition of his said book, the said Covell in the year 1852, duly entered the title thereof in the Clerk's office of the District Court of the United States for the western District of Pennsylvania, for securing the copyright thereof, and that before the publication of the said second edition thereof, he in like manner in the year 1853, entered the title thereof for securing the copyright thereof; and that the said Covell did all other acts and things required by law, for securing the copyright of his said two books, and his copyright thereof was duly obtained, and he has thence hitherto, exercised said copyright exclusively; and that the said second edition of said Covell's said Digest, is preferred by many teachers to said Greene's said book, as a more useful book for the purposes of instruction, and there is, therefore, a present demand for said Digest, in the market in some parts of the United States; and that the transactions in the said books, of the said Covell, and in the publishing, exposing for sale, and selling thereof, as well of the said Covell, and of the said D. Appleton and Company, as of this defendant, have been had and done in good faith, and without any design or interest to wrong or injure the said complainant.

And this defendant prays, that he may have the same benefit of the matters and things in this answer stated, set forth and contained, as if he had pleaded the same.

And this defendant denies all, and all manner of unlawful combination and confederacy, wherewith he is, by the said bill of complaint charged, without this, that, any other matter, cause or thing, in the said bill of complaint contained, material or necessary, for this defendant to make answer unto, and not herein and hereby, well and sufficiently answered, confessed, traversed, avoided or denied, is true to the knowledge or belief of this defendant. All which matters and things this defendant, is ready and willing to aver, maintain, and prove, as this Honorable Court shall direct; and he humbly prays to be hence dismissed, with his reasonable costs and charges, in this behalf most wrongfully sustained.

CHARLES TRACY,

Of Counsel for the Defendant.

W. BISHOP.

CIRCUIT COURT OF THE UNITED STATES.

MASSACHUSETTS DISTRICT.

Oct. 2d., 1854.

Personally appeared, William Bishop, the within defendant, and made oath that he has read the above answer by him subscribed, and knows the contents thereof, and that the same is true, except as to matters therein stated to be on information and belief, and as to those matters, he believes it to be true.

Before me,

H. W. FULLER, Clerk.

GENERAL REPLICATION.

CIRCUIT COURT OF THE UNITED STATES.

DISTRICT OF MASSACHUSETTS.

IN EQUITY.

The Replication of SAMUEL S. GREENE, Complainant, to the answer of WILLIAM BISHOP, Defendant.

This repliant saving and reserving unto himself all and all manner of advantage of exception to the manifold insufficiencies of the said answer, for replication thereunto saith, that he will aver and prove his said bill to be true, certain and sufficient in the law to be answered unto, and that the said answer of the said defendant is uncertain, untrue and insufficient to be replied unto by this repliant; without this, that any other matter or thing whatsoever in the said answer contained material or effectual in the law to be replied unto, confessed and avoided, travened or denied, is true. All which matters and things this repliant is and will be ready to aver and prove as this Honorable Court shall direct, and humbly prays as in and by his said bill he hath already prayed.

LEMUEL SHAW, Jr.,

Solicitor for Comp.

SAMUEL S. GREENE,
by

LEMUEL SHAW, Jr.

UNITED STATES OF AMERICA.

THE CIRCUIT COURT OF THE UNITED STATES, WITHIN AND FOR THE MASSACHUSETTS DISTRICT.

MASSACHUSETTS
DISTRICT, SS.

To any Commissioner of the Circuit Court of the United States, for the Dis trict of Pennsylvania, at Philadelphia, in said District:

Know Ye, That reposing confidence in your wisdom, prudence, and fidelity, we have appointed, and by these presents do authorize and empower you to take the answers [to the interrogatories hereunto annexed] of Hulings Cowperthwait, of the City and County of Philadelphia, and State of Pennsylvania, publisher; and of David M. Warren, of said Philadelphia.

Witnesses to be examined on behalf of the Complainant, and to be used in a certain cause now pending in said Court, wherein Samuel S. Greene, is Plaintiff, in Equity, versus Wm. Bishop, Defendant.

And to this end, at certain days to be by you appointed for that purposes to cause said witnesses, as aforesaid, to be brought before you, and each witness, while present before you, to examine carefully on oath touching the premises. And when you shall have taken the examination as aforesaid, to reduce or cause the same to be reduced to writing, and to be subscribed by each of said witnesses in your presence. And the same, so taken and subscribed, to return, together with this COMMISSION and your doings herein enclosed, sealed and directed to the Circuit Court aforesaid, holden at Boston, as soon as the same may be executed. In testimony whereof, we have caused the seal of the said Circuit Court to be hereunto affixed.

Witness, the Honorable ROGER B. TANEY, at Boston, this thirteenth day of July, in the year of our Lord one thousand eight hundred and fifty-five.

H. W. FULLER, Clerk.

To the Honorable the Judges of the Circuit Court of the United States, within and for the Massachusetts District.

The return of this Commission appears by certain Schedules hereto annexed. Their answers.

Aug. 27, 1855.

CHAS. F. HEAZLETT,
U. S. Com.

CIRCUIT COURT OF THE UNITED STATES.

DISTRICT OF MASSACHUSETTS.

MAY TERM, 1855.

SAMUEL S. GREENE, in Equity,

vs.

WM. BISHOP.

Interrogatories to be propounded to Hulings Cowperthwait, of the City and County of Philadelphia, and State of Pennsylvania, publisher, on behalf of the Complainant in the above entitled action:

1st. Please state your age and occupation.

2d. Do you know Samuel S. Greene, the Complainant? If so, please state whether or not he is a citizen of the United States, and the author and proprietor of "Greene's Analysis," and of "Greene's First Lessons.

3d. Please state whether or not the complainant has expended large sums of money in preparing and printing editions of the said books, and whether or not he has had and still has a sufficient number of copies on hand, for sale to the public at a reasonable price?

4th. When was "Greene's Analysis" first published, and when was “Greene's First Lessons" first published?

5th. Please state whether or not the complainant has caused to be inserted in the several copies of each and every edition published hitherto, of both of his said pooks, on the title-page or on the page immediately following, the following words" Entered according to Act of Congress, in the Year

by Samuel

S. Greene, in the Clerk's Office of the District Court of the District of Massachusetts"?

6th. Please state whether or not within three months from the publication of said books, a copy of each of them was delivered to the Clerk of the District of Massachusetts, and whether a copy of each of them was delivered to the Librarian of the Smithsonian Institution, and also whether a copy of each of them was delivered to the Librarian of Congress Library.

CLARKE & SHAW,

Solicitors for Complainant.