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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

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JOYCE ON INSURANCE," JOYCE ON FRANCHISES," AND

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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 con-
cerned. 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 ex-
clusion 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 ques-
tions involved in corporation actions or suits, as is fully evi-
denced by the great and constantly growing number of corpo-
ration 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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