Open main menu

Page:Harvard Law Review Volume 2.djvu/211

This page needs to be proofread.

J^B VIEWS. igj

A Practical Treatise on Insolvent Corporations, including the Liquidation, Reorganization, Forfeiture, Dissolution, and Wind- ing-up of Corporations. By Frederick S. Wait. New York: Baker, Voorhis, & Co., 1888.

In tl:ds volume we have, as the author says in his preface, "the pioneer attempt to treat exclusively of principles, remedies, and pro- ceedings having in view the liquidation and closing up of corporate organizations." The subject has, of course, been touched incidentally in the treatises on private corporations, and has received especial atten- tion in Mr. Morawetz's book, but has never been accorded such full consideration as in the book before us. Some notion of the new ground covered may be gained from the fact that fully one-half of the large number of cases here cited do not appear in Morawetz. The powers and duties of receivers form a topic which has been hitherto almost utterly neglected, but which is here exhaustively treated, and constitutes perhaps the most valuable part of the book. Another new feature which will be acceptable to the practising lawyer is the con- sideration given to pleadings, complainants, and parties defendant.

The work is not a mere digest, nor is it merely a mouthpiece for the promulgation of the author's views. The author is in some instances, to be sure, content with a bare statement of cases where we could wish to have them discussed ; but at the same time he does not hesitate to express his views vigorously enough when he deems a rule of law manifestly unjust. Notable instances of forcible statement may be found in §§ 6, 162, and 280-281, and indeed the work is remarkable throughout for its aptness of expression, its peculiarly happy choice of words. The book is brought down to date, as may be seen, for example in § 478, where is cited Mr. Stimson's article on "Trusts," which appeared in a recent number of the Review.^ W. F. B.

The Principles and Forms of Practice in Civil Action in Courts of Record under the Codes of Procedure. Adapted also to Common Law and Equity Practice. By Austin Abbott. New York: Baker, Voorhis, & Co., 1887 and 1888. Two volumes. 8vo. viii and 867, X and 1189 pages.

This work, as now completed, is not a new edition of the work well known imder the title of Abbott's Forms, but differs somewhat from the earlier work both in scope and plan. In addition to the very large number of new forms which appear in the present work, there is pre- fixed to each class of forms a discussion of the general principles governing that particular class, a discussion sometimes covering many more pages than the forms themselves. The arrangement of the forms is excellently adapted to the needs of the practitioner, the order being that of the regular course of proceedings in a suit. While the work applies to New York in its technical details, it aims to give the code practice of the country.

A very valuable part of the second volume are the careful analyses of proceedings which it contains. Particularly admirable are the analyses of the various modes of trial, of the changes of parties, and the tabular views of the methods of discovery and of taking evidence.

It is very interesting to the student of the common law to note the

> I Hftrv. Law Rev. 13a.