Common PIeas.
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Before Judge Ushoefer.


DEc. 4-James Murphy VS.. Elias .8tdichIn this case,
reported in yesterdays Herald, the jury rendered
dict for defendant.


William Y. Burren Va. Lucts 8. Comstock This was
action OF trepass brought damages alleged
to have been sustained by plaintiff II appeared that The
plaintiff in this suit Is own,r OF drug mnnuaccry, and
as such, compounded medicines, among which were
tain medicines called " Hays Lininent" which he CON-
pounded and prepared according to the general receipt
for the and which medicine said plaintiff sold and
vended in the city o Buffalo through agent he had
there that said defendant also manufacturer OF
drugs and also compounded and vended medicines the
same description those prepared by plaintiff that In
order njlre said plaintiff he caused to be published in
the Daiiy Buffalo Sentinel OF the 5h OF May 1870 Be-
ware Of thief" personally alludng to plaintiff 1t
put Iin for defence rhst the recipe was the invention
Of celebrated medical practitioner, at whose death
il had been demsed to the person from whom
1t was bought by defendant That there Is a gene.
raj understanding among druggists that any article
got up by druggist and circulated at his expense
another Druggist inereres WITH and that paiatf
had in the present suit appropriated his recipe without
his consentthat under these circumstances the alleged
libel uttered-that charging man with that which
not property cannot constitute either felony larceny
and that the words which the present suit insi
tu,ed, were beware OF a thiefs The name OF Hayes
Lnimcnt has been stolen which could not constitute
libel Adjourned until this forenoon.