The merely generic enumeration which the statute makes of the acts to which it refers and the absence of any definition of restraint of trade as used in the statute leaves room for but one conclusion, which is, that it was expressly designed not to unduly... Industrial Combinations and Trusts - 410 페이지 편집 - 1913 - 593 페이지전체보기 - 도서 정보
| 1920 - 1058 페이지
...effect causes it to be a restraint of trade within the intendment of the act." The court further said : "The merely generic enumeration which the statute...contract was within the contemplation of the statute." More pertinent still is the reasoning of the Supreme Court in Nash v. United States, 229 US 373, 33... | |
| 1912 - 1164 페이지
...because of its uncertainty. The merely generic enumeration which the statute makes of the acts to which •of restraint of trade as used In the statute, leaves...persuasive as these views may be, they may not be held applied, because the previous decisions of this court have given to the statute a meanIng which... | |
| West Virginia Bar Association - 1912 - 258 페이지
...determined by the light of reason, guided by the principles of law, and the duty to enforce and apply the public policy embodied in the statute, in every...given case, whether any particular act or contract is within the contemplation of the statute. In meeting the argument that the point contended for by... | |
| John A. Shields - 1912 - 946 페이지
...light of reason — the enforcement of the statute was impossible because of its uncertainty. terior boundaries which could not be transgressed with impunity,...the reasoning stated. The cases are United States c. Freight Association, 166 US 290, and United States v. Joint Traffic Association, 171 US 505. Both... | |
| Thomas Carl Spelling - 1912 - 332 페이지
...standard—that is, by defining the ulterior boundaries which could not be transgressed with impunity—to leave it to be determined by the light of reason,...statute. "But, it is said, persuasive as these views maybe, they may not be here applied, because the previous decisions of this court have given to the... | |
| 1912 - 1170 페이지
...principles of law and the duty to apply and enforce the public policy embodied in the statute, In t-very given case, whether any particular act or contract...persuasive as these views may be, they may not be held applied, because the previous decisions of this court have given to the statute a meanIng which... | |
| United States. Courts - 1917 - 988 페이지
...by the light of reason, guided by the principles of law and the duty to apply Opinion of the Court. and enforce the public policy embodied in the statute,...contract was within the contemplation of the statute." On the other hand, the act now under consideration, instead of using the generic words of the Sherman... | |
| Everett Vergnies Abbot - 1913 - 328 페이지
...purport and effect. The gist of the argument is completely contained in the following passage : — Second. The contentions of the parties as to the meaning...contract was within the contemplation of the statute. The course of this argument is as follows : — Counsel for the government contended that the prohibitions... | |
| 1914 - 620 페이지
...guided by the principles of law and the duty to apply and enforce the public policy emhodied in th,? statute in every given case, whether any particular...contract was within the contemplation of the statute. The construction placed upon the statute by the court in this respect has been severely criticized.... | |
| |