copyrighted works of Mrs. Eddy were not original with her, but had been copied by her, or by her direction, from manuscripts originally composed by Dr. P. P. Quimby.
Testimony was taken on the part of Mrs. Eddy, the defendant being present personally and by counsel. The time for taking testimony on the part of the defendant having nearly expired, he gave notice through his counsel that he should not put in testimony. Later, Mrs. Eddy requested her lawyer to inquire of defendant's counsel why he did not present evidence to support his claim that Dr. Quimby was the author of her writings! Accordingly, her counsel asked the defendant's counsel this question, and he replied, in substance, “There is no evidence to present.”
The stipulation for a judgment and a decree in favor of Mrs, Eddy was drawn up and signed by counsel. It was ordered that the complainant (Mrs. Eddy) recover of the defendant her cost of suit, taxed at ($113.09) one hundred thirteen and 9100 dollars.
A writ of injunction was issued under the seal of the said Court, restraining the defendant from directly or indirectly printing, publishing, selling, giving away, distributing, or in any way or manner disposing of, the enjoined pamphlet, on penalty of ten thousand dollars.
The infringing books, to the number of thirty-eight hundred or thereabouts, were put under the edge of the knife, and their unlawful existence destroyed, in Boston, Massachusetts.
It has been written that “nobody can be both founder and discoverer of the same thing.” If this declaration
