The Law of Combinations Embracing Monopolies, Trusts, and Combinations of Labor and Capital: Conspiracy, and Contracts in Restraint of Trade, Together with Federal and State Antitrust Legislation and the Incorporation Laws of New Jersey, West Virginia and Delaware, 2. köideCallaghan, 1901 - 1540 pages |
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Page 679
... court of West Virginia said in this connection : " It has been de clared by a distinguished writer that the discussion of that head of consti- tutional law , prescribing bounds which the legislature itself cannot transcend , is peculiar ...
... court of West Virginia said in this connection : " It has been de clared by a distinguished writer that the discussion of that head of consti- tutional law , prescribing bounds which the legislature itself cannot transcend , is peculiar ...
Page 680
... courts of the present day protect the fundamental rights of men by stretching the constitutional provisions so as to embrace the court's notions of fundamental rights , whereas in the earlier days the courts held laws void and ...
... courts of the present day protect the fundamental rights of men by stretching the constitutional provisions so as to embrace the court's notions of fundamental rights , whereas in the earlier days the courts held laws void and ...
Page 717
... court said : " This right of contract , however , is itself subject to certain limitations which the state may law- fully impose in the exercise of its police powers . While this power is inherent in all governments , it has doubtless ...
... court said : " This right of contract , however , is itself subject to certain limitations which the state may law- fully impose in the exercise of its police powers . While this power is inherent in all governments , it has doubtless ...
Page 747
... court must be able to prescribe to both parties what it is that they are recip- rocally to perform . The very ground on which the jurisdic- tion of a court of equity in decreeing a specific performance is founded is that it is able to ...
... court must be able to prescribe to both parties what it is that they are recip- rocally to perform . The very ground on which the jurisdic- tion of a court of equity in decreeing a specific performance is founded is that it is able to ...
Page 803
... court of the United States con- strued in the case last cited was before the supreme court of California in Wright v . Ryder ( 1868 ) , 36 Cal.357 , and the court held that the agreement not to run , or suffer to be run , the steam ...
... court of the United States con- strued in the case last cited was before the supreme court of California in Wright v . Ryder ( 1868 ) , 36 Cal.357 , and the court held that the agreement not to run , or suffer to be run , the steam ...
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Common terms and phrases
action affect aforesaid agent agree agreement alleged amount anti-trust apply association attorney-general by-laws capital stock certificate of incorporation charged charter Code combination commodity common carriers common law Compare laws competition conspiracy constitution contracts in restraint corporation court of chancery court of equity covenant damages defendant Diamond Match Co directors employee enforced engaged enter equity exercise filed franchise held illegal injunction interest interstate commerce interstate commerce act issue labor legislation legislature limit manner manufacture ment monopoly object Ohio organization parties partnership penalty plaintiff poration prevent proceedings production prohibited protection provisions public policy purchase purpose question quo warranto railroad reasonable regulate restraint of trade restriction rule sell Stats statute stockholders supra supreme court territory thereof tion trade or commerce trust United unlawful valid violation void writ
Popular passages
Page 877 - The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the AttorneyGeneral, to institute proceedings in equity to prevent and restrain such violations.
Page 1146 - No person shall be excused from attending and testifying or from producing documentary evidence before the commission or in obedience to the subpoena of the commission on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture.
Page 1201 - ... affected with a public interest it ceases to be juris privati only.
Page 988 - 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
Page 877 - ... in the course of transportation from one State to another, or to a foreign country, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law.
Page 1066 - An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmen shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.
Page 1343 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 894 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 1411 - Taxation shall be equal and uniform throughout the state, and all property, both real and personal, shall be taxed in proportion to its value, to be ascertained as directed by law. No one species of property from which a tax may be collected shall be taxed higher than any other species of property of equal value...
Page 1031 - One who sells the good will of a business may agree with the buyer to refrain from carrying on a similar business within a specified county, city, or a part thereof, so long as the buyer, or any person deriving title to the good will from him, carries on a like business therein.