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data['IMG_1773.JPEG']['pages'] = 'pp. 588-589 (end of Conspiracy §59; Constitutional Law TOC p.1)'
data['IMG_1773.JPEG']['text'] = '''=== LEFT PAGE (p. 588) ===
§ 59 CONSPIRACY 11 Am. Jur.
§ 59. Verdict and Judgment.—Under the now obsolete common-law writ of conspiracy,³ it was essential that at least two persons be joined and found guilty.⁴ Since the gist of the modern civil action of conspiracy, however, is the damage and not the combination,⁵ the authorities sustain the proposition that ordinarily a verdict may be rendered against one of the defendants even though no conspiracy is proved.⁶ However, if all of the parties are joined as defendants, a verdict in favor of all but one would necessarily negative the existence of the conspiracy. The question as to whether a verdict may be rendered against that one depends upon the nature of the act proved, and the consequent damage to the plaintiff.⁷ A recovery cannot be had against one of the defendants alone if the injury is such as could have been caused only by two or more of the defendants acting in concert.¹⁰ For example, in an action by a railroad company and members of a labor union for conspiring to expel and effecting the expulsion of, the plaintiff from the union, a verdict against the railroad company alone cannot be permitted to stand, since it could not have caused the injury unaided.¹¹ If an injunction is sought to restrain interference by a labor union with the conduct of the business of an employer, the relief granted should be confined to the wrongful acts which are the basis of the action. It should not extend to prevent interference beyond the immediate future, since there is no presumption that the defendants will engage in similar wrongful acts in the future. If they do so, this must be pleaded and proved before such acts can be the ground for relief.¹²
---- FOOTNOTES ----
³ Gatzow v. Buening, 106 Wis. 1, 81 N.W. 1003, 49 L.R.A. 475, 80 Am. St. Rep. 17.
⁴ Boutwell v. Marr, 71 Vt. 1, 42 A. 607, 43 L.R.A. 503, 76 Am. St. Rep. 746 (boycott by business men's association).
⁵ See supra, § 53.
⁶ Kimball v. Harman, 34 Md. 407, 6 Am. Rep. 340; Auto Workers' Temple Asso. v. Janson, 227 Mich. 430, 198 N.W. 992, citing R.C.L.
⁷ Auto Workers' Temple Asso. v. Janson, 227 Mich. 430, 198 N.W. 992, citing R.C.L.; Ratcliffe v. Walker, 117 Va. 569, 85 S.E. 575, Ann. Cas. 1917B, 1022, citing R.C.L.
¹⁰ Gordon v. McLearn, 123 Ark. 456, 185 S.W. 803, Ann. Cas. 1918A, 482; McCormick v. McClure, 171 Ky. 714, 188 S.W. 867, Ann. Cas. 1918E; Boston v. Simmons, 150 Mass. 463, 23 N.E. 210, 6 L.R.A. 629, 15 Am. St. Rep. 230; Auto Workers' Temple Asso. v. Janson, 227 Mich. 430, 198 N.W. 992, citing R.C.L.; Louis Kamm v. Flink, 113 N.J.L. 582, 175 A. 62, 99 A.L.R. 1.
¹¹ Van Horn v. Van Horn, 52 N.J.L. 284, 20 A. 485, 9 L.R.A. 117; Ratcliffe v. Walker, 117 Va. 569, 85 S.E. 575, Ann. Cas. 1917B, 1022.
Annotation: 45 L.R.A. 39; 14 Ann. Cas. 1144, 1145; 19 Ann. Cas. 1254.
¹² Kimball v. Harman, 34 Md. 407, 6 Am. Rep. 340; Auto Workers' Temple Asso. v. Janson, 227 Mich. 430, 198 N.W. 992, citing R.C.L.
Annotation: 19 Ann. Cas. 1254.
CONSTABLES
See Sheriffs and Constables.
588
=== RIGHT PAGE (p. 589) ===
CONSTITUTIONAL LAW
I. INTRODUCTORY (Detailed outline, p. 591).
A. In General.
B. Nature and Purposes of Constitutions.
1. Nature.
2. Purposes.
II. CONSTITUTIONAL SYSTEM (Detailed outline, p. 592).
A. In General.
B. American System.
1. Fundamental Federal Documents.
2. Principles of Taxation and Local Self-government.
3. State Constitutions as Limits on Powers.
III. ADOPTION AND AMENDMENT OF CONSTITUTIONS (Detailed outline, p. 592).
A. Adoption.
B. Amendment.
1. United States Constitution.
2. State Constitutions.
3. Jurisdiction of Courts.
IV. OPERATION AND EFFECT OF CONSTITUTIONS AND AMENDMENTS
(Detailed outline, p. 592).
A. In General.
1. Effect on Existing Laws.
2. Time of Taking Effect.
B. Supremacy of Constitutions and Supreme Laws.
1. Federal Constitution and Supreme Laws.
2. State Constitutions.
C. Republican Form of Government.
V. CONSTRUCTION OF CONSTITUTIONS (Detailed outline, p. 593).
A. General Principles.
1. In General.
2. Construction as Entirety.
3. Construction as Affected by Implications.
4. Principle of Liberality in Construction.
B. Intent of Framers and Adopters.
1. In General.
2. Purpose.
3. Meaning of Language.
4. Provisions Adopted from Other Constitutions.
C. Mandatory and Directory Provisions.
D. Self-executing Provisions.
1. In General.
2. Tests.
3. Prohibitions.
E. Contemporaneous and Long-continued Construction.
1. In General.
2. Acquiescence.
3. Age of, or Time of Adoption of, Statutes.
4. Other Extrinsic Aids to Construction.
VI. CONSTITUTIONALITY OF STATUTES (Detailed outline, p. 594).
A. Power to Declare Statutes Void.
1. Nature of Power and Duty.
2. Exercise of Power.
For later cases and annotations, see cumulative pocket supplement inside back cover
589'''
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