Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Volume 19
William Mark McKinney, Burdett Alberto Rich, Charles Porterfield, S. B. Fisher
Edward Thompson Company, 1917
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action agreement amount applied Ass'n assignment authority Bank become claim combination commerce common competition condition consideration constitutional contract conveyance County court create debt decree deed discharge effect enforce entitled equity evidence execution exercise existence extend fact foreclose foreclosure gage given grant held hold infra intention interest judgment jurisdictions land legislature liability lien limits Mass matter Minn monopoly mort mortgage mortgagor municipal corporation nature necessary notice obligation officers Ohio operate owner parties payment person possession premises prior proceedings prohibited purchaser reasonable receiver record redeem redemption render restraint rule secured sell statute subsequent sufficient suit supra tion trade trust U. S. L United unless valid
Página 517 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Página 712 - The fourteenth amendment to the Constitution of the United States does not prohibit legislation which is limited either In the objects to which it is directed, or by the territory within which it Is to operate. It merely requires that all persons subjected to such legislation shall be treated alike, under like circumstances and conditions, both In the privileges conferred and In the liabilities imposed.
Página 48 - Doubtless the power to control the manufacture of a given thing involves, In a certain sense, the control of its disposition, but this Is a secondary, and not the primary, sense; and, although the exercise of that power may result in bringing the operation of commerce into play, it does not control it and affects it only incidentally and indirectly. Commerce succeeds to manufacture, and is not a part of It...
Página 47 - Commerce succeeds to manufacture, and is not a part of it. The power to regulate commerce is the power to prescribe the rule by which commerce shall be governed, and is a power independent of the power to suppress monopoly. But it may operate in repression of monopoly whenever that comes within the rules by which commerce is governed or whenever the transaction is itself a monopoly of commerce.
Página 72 - Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act may sue therefor in any Circuit Court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee. Sec. 8. That the word "person...
Página 727 - I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of New York ; and that I will faithfully discharge the duties of the office of according to the best of my ability.
Página 70 - no person shall be prosecuted or be subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under said acts, " of which the Anti Trust Law is one, providing, however, that "no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying.
Página 46 - Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor...
Página 130 - Without attempting to review and reconcile all the cases, we are of opinion that, as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons by some concerted action to accomplish some criminal or unlawful purpose, or to accomplish some purpose not In itself criminal or unlawful by criminal or unlawful means.
Página 52 - Contracts, combinations, or conspiracies to control domestic enterprise in manufacture, agriculture, mining production in all its forms, or to raise or lower prices or wages, might unquestionably tend to restrain external as well as domestic trade, but the restraint would be an indirect result, however inevitable and whatever its extent, and such result would not necessarily determine the object of the contract, combination, or conspiracy.