Jack v. Armour & Co.

FARIS, District Judge.

Plaintiff in error, as plaintiff below, sued defendants in error, at law, for treble damages averred to have accrued to him from defendants, by reason of alleged violations by defendants, of the provisions of the Act of July 2,1890, commonly called the “Sherman Anti-Trust Act” (Comp. St. '§§ 8820-8823, 8827-8830), and the amendments thereto. The trial court sustained a motion of defendants to strike plaintiff’s petition from the files, and he brings error.

But two questions are presented. One of these arises in limine, and questions the correctness of the court’s action…