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Private Corporations
Horace La Fayette Wilgus
This subject will be treated in the following order: The general nature of a corporation. Definition and history. The corporation as a person. The corporation as a collection of individuals.The corporation as a franchise. Corporations and other institutions.Tests of corporate existence. Class of corporations. Creation of corporations. The state's functions. The promoter's functions. The corporate charter. The association agreement. Organization. The body corporate. Members and organs of action. Internal relations. Corporate funds. Corporate name. Corporate life. Corporate death- dissolution. Corporate powers and liabilities. Powers in general. Classes of corporate powers.Particular powers. Ultra vires. Torts and crimes. The corporation and the state. The state and its own corporations. The state and national corporations. The state and foreign corporations. The national government and state corporations. Special relations. The corporation and its promoters. The corporation and its officers. The corporation and its shareholders. Corporate creditors.
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Leading and Illustrative Cases: with notes on the law of Judgments, Attachments, Garnishments and Executions
John R. Rood
The prior edition being exhausted, this one became necessary. The scope of the book has been considerably changed by developing the law of jurisdiction and the estoppel by judgments. Room for this has been obtained by dropping some of the less important cases on other topics. In several instances a case has been displaced by another on the same point, because thought to cover the matter better.
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Cases on Procedure, Annotated. Code Pleading
Edson R. Sunderland
“In the present volume on Code Pleading, the editor has aimed to present the subject, in all of its more important features, as a complete working system of pleading. The code has frequently been treated as the mere ‘antithesis’ of common law pleading, and this has resulted in throwing the subject completely out of balance by unreasonably extending the discussion of those elements which are ‘characteristic’ of the code, while unduly restricting or entirely ignoring those principles which the code shares with the common law….
“The student should be able to obtain a clear conception of the system as a currently used method of procedure, adapted to the complex demands of modern litigation ....
“The editor has endeavored in this book to treat the code as it is actually employed, to disclose both the logic of its theory and the difficulties of its practice, for the purpose of giving the student a thorough and intimate understanding of code pleading as both a science and an art.” --Preface
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Trusts and Duties of Trustees: Instruction Paper
George L. Clark
“Trusts and Duties of Trustees: Instruction Paper” is an overview of the history and current [1912] practice regarding express trusts. Chapters: Chapter I. Origin and Requisites of Expressed Trusts; Chapter II. Nature and Requisites of Express Trusts; Chapter III. Nature of Cestui Que Trust’s Interest; Chapter IV. Resulting and Constructive Trusts; Chapter V. Transfer of Trust Property; Chapter VI. Relinquishment of a Trust; Chapter VII. Duties of a Trustee. Included is an “Examination Paper” for self-testing -- the material is designed to facilitate distance learning under the auspices of the American School of Correspondence based in Chicago, Illinois, as of 1912.
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Cases on Procedure, Annotated: Trial Practice
Edson Sunderland
The present volume is intended to develop and disclose the rational basis for the main principles of practice employed in the trial of civil actions at law. Recourse has been had to the whole body of American case law, and the choice of cases has been determined by the clearness with which the court has shown a logical justification for the decision made. By this means it is hoped that the book will help the student to analyze and understand the methods by which courts solve problem of practice, to appreciate the comparative value, importance and bearing of the different elements involved, and to form sound notions of the underlying principles governing the complex field of modern court procedure.
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Cases on Procedure, Annotated. Trial Practice
Edson R. Sunderland
“The present volume is intended to develop and disclose the rational basis for the main principles of practice employed in the trial of civil actions at law. Recourse has been had to the whole body of American case law, and the choice of cases has been determined by the clearness with which the court has shown a logical justification for the decision made….
“The cases have been very freely edited, and everything not germane to the subject for which the case was chosen has been omitted….” --Preface
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Cases on Suretyship
Robert E. Bunker
A casebook with selected cases to aid the teaching of suretyship.
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Decisions, Statutes, & C., Concerning the Law of Estates in Land
John R. Rood
“The following pages have been printed from the notes made from time to time while preparing to conduct exercises in the first course on real property at the University of Michigan, using Blackstone’s Commentaries on the text. The design has been to present the great monuments which mark epochs in the various branches on the subject, with only an occasional late example… The present is a temporary edition, made to try out the serviceability of such a book by use in class… The editing has been rather hurriedly done, and the charity of the reader is requested.” --Preface
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Decisions, Statutes, & C., Concerning the Law of Estates in Land
John R. Rood
“The following pages have been printed from the notes made from time to time while preparing to conduct exercises in the first course on real property at the University of Michigan, using Blackstone’s Commentaries on the text.… In this edition several typographical errors in the first impression have been discovered and corrected. The scope of the work has also been extended by numerous additions throughout, and by inserting the chapters on uses, trusts, and powers, which did not appear in the first edition.
JOHN R. ROOD
Dated, Ann Arbor, February 25th, 1910” --Preface.
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Selected Cases on the Law of Negotiable Instruments
Robert E. Bunker
The cases appearing in this volume have been selected primarily for the use of students pursuing the study of Negotiable Instruments and particularly for students in the Law Department of the University of Michigan. They are arranged in order to conform to the plan of instruction now pursued in that Department. The plan to which reference is made is sufficiently indicated by the Table of Contents infra. In brief, it involves a study of the law of Negotiable Instruments on the basis of the contract of the several parties as that law has been declared by the courts and, incidentally only, a study of the "Negotiable Instruments Law." The cases will be found to illustrate the several phases of the negotiable contract and to be arranged ... in such an order as to show, in sequence, the liability and rights of parties to Negotiable Instruments.
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A Digest of Important Cases on the Law of Crimes
John R. Rood
“In selecting the cases to be abridged, an effort has been made to choose those that have drawn the most attention, comment, and citation. The reputation of each case is shown to the reader in part by reference to the various collections of important cases on crimes which have been included….”--Preface.
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The Negotiable Instruments Law With Annotations
Robert E. Bunker
"The Negotiable Instruments Law was enacted by the Legislature of Michigan at its 1905 session and on this 16th day of September, 1905, becomes a law of the State.
Soon after the approval of the Act -- June 16, 1905, -- I undertook the work of annotating the statute and of explaining its origin, scope and purpose in such particulars as seemed to invite explanation....
I submit the result of my work -- undertaken in the hope that it might help the profession and the bankers and the business men in dealing with this statute -- to all who may find occasion to make use of it ..."
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Cases on the Law of Partnership
Floyd R. Mechem and Frank L. Sage
Note to First Edition [1896]: "The following collection of cases has been made primarily for use in connection with the writer's lectures on Partnership in the Law School of this University and to accompany his 'Elements of Partnership' recently published."
Note to Third Edition: "In this edition the number of cases has again [from Second Edition] been considerably increased." F.R.M. ... October 1, 1905
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A Treatise on the Powers and Duties of the Justices of the Peace in the State of Michigan, under Chapter Ninety-Three of the Revised Statutes of 1846, Being Chapter Thirty-Four of the Compiled Laws of 1897; with Practical Forms and an Appendix Containing the Justice Court Acts of Those Cities Having Provisions Differing Materially from the General Justice Court Act.
Alexander R. Tiffany and Victor H. Lane
“Judge Alexander R. Tiffany, its author, put out the first edition of this work in 1849. In the years 1851, 1858 and 1866, he put out the second, third and fourth editions, respectively. The fifth edition was published in 1873 with Judge Andrew Howell as its editor and he edited the succeeding editions to the ninth inclusive ….
“The editorship of the present edition has been undertaken at the request of the family of Judge Tiffany, and while the editor is persuaded that better can be done, yet it is hoped that the present edition may share the favor so long shown to this work by the bench and bar of Michigan…
“The citations of cases have been brought down to the 100th Northwestern Reporter and to the 132nd Michigan Reports. The Reporter citations are added for all cases since the beginning of the Reporter system.
“Citations to statutes are to the Compiled Laws of 1897 and to the Session Laws of 1899, 1901 and 1903…”
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The Conveyance of Estates in Fee by Deed : Being a Statement of the Principles of Law Involved in the Drafting and Interpretation of Deeds of Conveyance and in the Examination of Title to Real Property
James H. Brewster
The purpose of the writer has been to state the principles of law applicable to the transfer of the title to real property by deed, in such manner as to assist one in drafting and interpreting the instrument of transfer.
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Outlines of the Law of Bailments and Carriers
Edwin C. Goddard
The Outlines of Bailments and Carriers form part of a complete work on that subject intended for the use of classes in law schools. The other part, which is nearly ready for publication, consists of select cases illustrating and amplifying principles stated in the Outlines. It is the purpose of the Outlines not only to state the foundation principles of the subject, but to put these in orderly and consecutive form in order that the student may have an opportunity to see the subject as a whole. It is believed that any study of the cases without some such connected view of the subject will involve considerable loss of time and result in a good deal of in indefiniteness in conception.
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Selected Cases on the Law of Bailments and Carriers: Including the Quasi-Bailment Relations of Carriers of Passengers and Telegraph and Telephone Companies as Carriers
Edwin C. Goddard
In making this volume of "Selected Cases on the Law of Bailments and Carriers," the guiding principle has been to secure the clearest and fullest statement and application of every leading principle of the subject within the range of a moderate sized book. The important cases, especially on the law of Carriers, are so many as to make it impossible to include all the leading eases. Moreover, the law of Carriers is such a very modern thing as to make it desirable to include many cases too recent to be considered leading cases. Accordingly, an effort has been made to include all the greatest cases, even those of considerable length, and such others as, because of their broad scope, recent date or clear statements of principles, seem to fully cover the subjects of this branch of the law. The Selected Cases are intended to be complete enough to fit the book for use by those who prefer the "case-method" of study exclusively.
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Illustrative Cases on Equity Jurisprudence
Harry B. Hutchins and Robert E. Bunker
This second edition (1904) retains the same arrangement and chapters of the previous edition (1902) about which was written, in a contemporary review: "These cases cover the entire subject of Equity Jurisprudence, and are classified according to the arrangement that is followed in Eaton on Equity….”
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Code Remedies: Remedies and Remedial Rights by the Civil Action According to the Reformed American Procedure
John Norton Pomeroy and Thomas A. Bogle
The last edition of this work was published in 1894. Since that time so many decisions upon important questions of Code Pleading have been reported that another edition has become necessary. To collect, cite, and classify these decisions with reference to the topics discussed in the text, and thus place them at the convenient disposal of members of the legal profession, as well as students of the law, has been the main purpose of the present editor. This required a large amount of space, but as the original text included considerable matter that was theoretical rather than of present practical value, as well as extended quotations that properly belonged in the notes, it has been possible to do much in the way of omission and condensation. At the same time everything essential to the subject has been included, and it is believed that the text as so amended presents a more concise and systematic view than in its original form.
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A Treatise on the Law of Wills: Including Also Gifts Causa Mortis and a Summary of the Law of Descent, Distribution and Administration
John R. Rood
“The present work was undertaken with the purpose of furnishing a substantial treatise on the whole law of succession in one volume. Within this scheme were comprehended the separate topics following: 1, gifts causa mortis, by reason of their resemblance to legacies; 2, wills, including all legal questions and doctrines peculiar to wills; 3, the substantive law of descent and distribution; and 4, the adjective law of succession, including the administration of both testate and intestate estates.”--Preface.
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A National Incorporation Law
Horace L. Wilgus
Horace L. Wilgus argues that corporations need to be regulated on the national level.
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A Treatise on the Constitutional Limitations Which Rest upon the Legislative Power of the States of the American Union
Thomas M. Cooley and Victor H. Lane
“At the request of the late Judge Cooley I have undertaken the preparation of this edition of the Constitutional Limitations. It seemed desirable, in view of all the circumstances, that the text of the last edition should stand as the text for this, and the work of the present editor has been confined to the bringing of the book down to date, by the addition of such matter to the notes as will fairly present the development of this branch of the law since the publication of the last edition.” --Preface to the Seventh Edition, Victor H. Lane, Ann Arbor, September 1903
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Outlines of the Law of Agency
Floyd R. Mechem
The subject of Agency belongs to a comparatively recent period in our law … Agency belongs distinctively to a commercial age, and its growth has kept pace with the progress of commercial development. It furnishes the means by which the range of individual and corporate activity is enormously increased. As soon as it is conceded that one man may be represented by another in business transactions, and that he may have as many such representatives as occasion may require, the field of commercial activity is immensely widened. The modern business man may thus be constructively present in many places and carry on diverse and widely separated industries at the same time.
The following pages have been printed to accompany the writer’s collection of Cases on Agency, for use in the Department of Law of this University. Nothing has been attempted beyond the merest outlines of the subject. Explanation as well as illustration has in general been left to be supplied by the cases.
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Cases on the Law of Partnership
Floyd R. Mechem and Frank L. Sage
A casebook with selected cases to aid the teaching of partnership law.
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Cases on Equity Pleading and Practice
Bradley M. Thompson
The cases contained in this volume have been selected with a view of assisting both the student and the instructor, with illustration of the practical application of the general principle and rule of equity pleading and practice. Only so much of the statement of fact and of the opinion of the court have been retained in each case as is sufficient to make the decision upon the question of pleading before the Court intelligible and clear. As far as possible all padding has been excluded. Littleton ha aid: "And know, my son, that it is one of the most honorable, laudable, and profitable things in our law to have the science of well pleading; and, therefore, I counsel thee especially to employ thy courage and care to learn this." We hope that this collection of cases will be of some practical assistance to the teacher in giving instruction in this very difficult branch of the law and that it will stimulate the courage of the student to master the "science of well pleading."
This series includes the full text of select faculty-authored books, including some authored by Thomas M. Cooley.
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