Legal Opinion

Chicago, Wilmington & Vermilion Coal Co. v. People

Illinois Supreme Court

Decided February 21, 1905PublishedCited by 50 opinions

Writ or Error to the Appellate Court for the First District;—heard in that court on writ of error to the Criminal Court of Cook county; the Hon. O. H. Horton, Judge, presiding.

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Writ or Error to the Appellate Court for the First District;—heard in that court on writ of error to the Criminal Court of Cook county; the Hon. O. H. Horton, Judge, presiding. On January 19, 1903, a special grand jury returned into the criminal court of Cook county an indictment, containing five counts, against the corporations named as plaintiffs in error, charging said corporations with having entered into a conspiracy to do an'illegal act injurious to the public trade and with entering into and being parties to a pool or combination, the object of said conspiracy and combination being to…

1Opinion of the CourtJustice Hand

It is first urged that the court erred in overruling the motion to quash the indictment. It will be remembered two of the counts (the second and fourth) charge a conspiracy as at common law, the first and third a violation of section 46 of the Criminal Code and the fifth a violation of section 1 of the Anti-trust act of 1891.'

The first point made against the indictment is, that the second and fourth counts do not charge a conspiracy at common law, in this: that the acts charged are not criminal or unlawful. Those counts charge that the object of the conspiracy was unlawful, and not that its…

2Cases cited7 opinions

  1. Norton v. Shelby CountySupreme Court of the United States · 1886
  2. United States v. E. C. Knight Co.Supreme Court of the United States · 1895
  3. People v. . SheldonNew York Court of Appeals · 1893
  4. People ex rel. Akin v. Butler Street Foundry & Iron Co.Illinois Supreme Court · 1903
  5. Thomas v. PeopleIllinois Supreme Court · 1885

2 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
  2. Franklin Union No. 4 v. PeopleIllinois Supreme Court · 1906
  3. State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
  4. People v. TenerowiczMichigan Supreme Court · 1934
  5. State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914

45 more not listed; retrieve them via the Exa API.

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