Commonwealth v. International Harvester Co.
Court of Appeals of Kentucky
CASE 58. — PROSECUTION BY COMMONWEALTH AGAINST THE INTERNATIONAL HARVESTER CO. OF AMERICA FOR VIOLATING THE ANTI-TRUST STATUTE OF JULY 2, 1890. Appeal from Hardin Circuit Court. • Wee» S. Chele, Circuit Judge.
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CASE 58. — PROSECUTION BY COMMONWEALTH AGAINST THE INTERNATIONAL HARVESTER CO. OF AMERICA FOR VIOLATING THE ANTI-TRUST STATUTE OF JULY 2, 1890. Appeal from Hardin Circuit Court. • Wee» S. Chele, Circuit Judge. From a judgment sustaining a demurrer to ' the indictment the Commonwealth appeals INDICTMENT. 1. The indictment in this case is in the language of The act of 1890. If the indictment for a statutory offense is couched in the language of the statute, it is. sufficient on demurrer. (Comth. v. Grinstead, 21 Ky. Law Rep. 1444; Comth. v. Barv&rian Brewing Co., 23 Ky. Law Rep. 2334;…
1Opinion of the Court
Opinion of the Court by
Judge O’Rear
Affirming.
Appellee was indicted on June 9, 1909, under the Kentucky anti-trust statute, the indictment reading;
“The grand jurors of the county of Hardin, in the name and; by the authority of the Commonwealth of Kentucky, accuse the International Harvester Company of America, a corporation, of the offense of unlawfully and willfully creating, establishing, organizing, entering into and becoming and being a member and party to and interested in a pool, trust, combine and agreement, and understanding with a number of machine companies, which are independent…
2Cases cited14 opinions
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Bell v. MorrisonSupreme Court of the United States · 1828
- Bank of Hamilton v. Lessee of DudleySupreme Court of the United States · 1829
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3Cited by55 opinions
- Commonwealth v. BarrosoKentucky Supreme Court · 2003
- Milner v. GibsonCourt of Appeals of Kentucky (pre-1976) · 1933
- Board of Trustees of Policemen's Pension Fund v. SchuppCourt of Appeals of Kentucky (pre-1976) · 1928
- Young v. Regents of University of KansasSupreme Court of Kansas · 1912
- Mullins v. CommonwealthKentucky Supreme Court · 1997
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