Page:Federal Reporter, 1st Series, Volume 1.djvu/399

 BOSENBACH V. DBBYFUBS. 891 �passed here, an 3 which, îf allowed to operata, would Beriousljr prejudice the rights of a citizen of ihis state. �Comity can ask no recognition of such unjust foreign legis- lation, and the case falls under the qualification of the general rule which prescribes that when the foreign law is repugnant to the fundamental principles of the Uxfori it will be iguored. �Judgment fox plaiutiff. ���BosiiKBAOH V, Dbsttttss and anothen �iPistriel Court, 8. D. New York. January 21, 1880.) �PEAcrncB — ^PLBADma — Ahbndmbnt Aftmb DE»nmRBS. — Under section 542 of tho New York Code, as applied by section 914 of the KevisedStat- utea to the practice and pleading in the circuit and district courts within the State of New York, a complaint is amendable by the party at any time within 20 days aftera demurrer thereto. �Ambkdment— AvEBMBirr oï Statdtb Violated— Samb Cause op Actiok. — ^The amendment of a complaint by a change in the averment of the stat- ute violated, does not set om a new cause of action where both stat- utes were substantially identical, and the last mentioned was passed as a substitute for the one flrst pleaded. �Chittenden à Fiero, for plaintiff. �Koones dk Goldman, for defendants. �Choate, J. This is an action to recover penaltîes for în- serting notice of copyright on articles not copyrighted. The acts complained of are eharged to have been done in the year 1878, and the complaint refera to the act of 1870, c. 230, § 98, as the statute violated. �On the seventh of July, 1879, the defendants filed and served a demurrer, alleging as grounds thereof — First, that the statute alleged to be violated was repealed by the Eevised Statutes, § 5596; second, that, if liable under the statute, the defendants are liable only for one penalty of $100 for the entire edition of the work published, instead of the like penalty for each copy printed ; third, that the complaint does not state facts sufficient to constitute a cause of action; fowrth, that the supposed causes of action are not set forth ��� �