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BY AND AGAINST

CORPORATIONS

AT LAW AND IN EQUITY

EMBRACING ALSO CRIMINAL OFFENSES AND THE
CONSTITUTIONAL BASIS OF CORPORATION
ACTIONS AND DEFENSES

BY

JOSEPH ASBURY JOYCE

OF THE NEW YORK, CALIFORNIA, AND CONNECTICUT BARS; AUTHOR

OF

JOYCE ON INSURANCE,' 99 66

JOYCE ON FRANCHISES," AND

JOINT AUTHOR OF "6

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THE BANKS LAW PUBLISHING CO.

NEW YORK

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PREFACE

In preparing this treatise the author has fully appreciated the difficulties which a subject of the nature of that covered presents in so far as the question of inclusion and exclusion of subject-matter, and drawing the line of demarkation is concerned. Not all cases in which corporations have brought suits or been sued are corporation actions or suits in the sense in which that term is or should be used. This is obvious. Great care has, therefore, been exercised in selection of the entire subject-matter of the work, with the endeavor on the part of the author to keep within the lines of inclusion and exclusion and still to present a satisfactory treatise. Having this question of selection constantly in mind the author has considered fully the principles upon which corporate actions are based, especially those constitutional principles which are the basis of corporation actions and defenses, since these must necessarily, at least in the majority of causes, be the first questions involved in corporation actions or suits, as is fully evidenced by the great and constantly growing number of corporation cases in the Supreme Courts of the United States, which are tested by the principles of constitutional law. The right of action and defenses in matters relating to the supervision and control of corporations by corporation and like commissions is a frequent source of litigation and presents a line of actions or suits peculiar to corporations and has therefore been fully considered. The treatment of these subjects and underlying principles, has been followed by jurisdiction of courts, not only over corporations, but also over corporation supervisory bodies

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