Patterson v. Imperial Window Glass Co.

Citations

• 91 Kan. 201
• 137 P. 955
• 1914 Kan. LEXIS 4

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Courts — Inherent Powers — Abuse of Process. Courts possess inherent power to prevent any abuse of their process.</p> <p>2. Same — Will Not Entertain Action Based on Unlawful Con- , spiracy. Whenever at any stage of the proceedings it is ' established to the satisfaction of the court that the cause of action upon which the plaintiff seeks to recover arose out of an unlawful conspiracy, it becomes at once the duty of the court to refuse to aid either party to profit by the iniquitous agreement.</p> <p>8. Same — Form of Procedure — Immaterial. Ordinarily the procedure in such a case would be to dismiss the action at the cost of the party bringing it; but the name given to the procedure is of no consequence if the action of the court be rightly taken.</p> <p>4. Antitrust Laws — Unlawful Conspiracy in Restraint of Trade —• Relief Properly Denied. On the facts stated in the opinion it is held that the plaintiff’s cause of action arose out of and was based upon an unlawful conspiracy in restraint of trade and in violation of the antitrust laws of the United States and of the provisions of chapter 257, Laws 1889, and the acts amendatory thereto, and that the court properly denied the plaintiff any relief.</p>