“ This right is granted for the term of twenty-eight years from the time of recording the title of the book in the manner directed in the statute; and § 4954 provides, that “the author, inventor, or designer, if he be still living and a citizen of the United States or resident therein, or his widow or children, if he be dead, shall have the same exclusive right continued for the further term of fourteen years,” upon recording the title of the work a second time, and complying with all other regulations in regard to original copyrights, within six months before the expiration of the first term. ”

“ The Revised Statutes of Ohio, in §§ 426 to 435, (title 4, chapter 1, pp. 273, 274, edition of 1879,) provide for the appointment of a reporter by the Supreme Court of that State, to report and prepare for publication its decisions, and for the printing of copies of the reports by the public printer, and for their distribution to public officers, as soon as a form of sixteen pages of printed matter is printed, and also for the binding and distribution of a full volume. ”

“ Rep. 143. That court held (1) that no duty was imposed upon the reporter by the statutes of Ohio before mentioned, to secure a copyright, for the use of the State, for any volume of reports published by virtue of a contract made by the Secretary of State under § 437; (2) that there was nothing in the statute which authorized the reporter, or any other person to acquire a copyright in the opinions or decisions of the judges ”

“ In such case allegations of new matter in the answer are to be taken as true. 2 Daniell, Ch. Pr. (4th Am. ed.) 982, note 1; Brinckerhoff v. Brown, 7 Johns. Ch. 217, 223; Perkins v. Nichols, 11 Allen, 542, 544; Leeds v. Marine Ins. Co., 2 Wheat. 380, 384. In the present case, it is to be taken as true, as alleged in the answer, that what the defendant published in “The American Law Journal” was exclusively the work of the judges, comprising not only the opinion or decisions of the court or the commission, but also the statement of the case and the syllabus or head note. ”