The Law of Injunctions

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Kay and Brother, 1869 - 719 էջ
 

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Common terms and phrases

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Էջ 215 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Էջ 672 - When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; 2. When it appears by the complaint or affidavit that the commission or continuance of some act during the litigation would produce waste, great or irreparable injury to the plaintiff; 3.
Էջ 43 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished...
Էջ 670 - ... claim a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating...
Էջ 670 - ... or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...
Էջ 670 - ... such terms as to the duration of the writ, keeping an account, giving security, or otherwise, as to such Court or Judge shall seem reasonable and just, and in case of disobedience such writ may be enforced by attachment by the Court, or, when...
Էջ 355 - ... before the suit is brought. The granting of such an injunction is a matter resting in the sound discretion of the Court ; and if the Court should grant a perpetual injunction before any disclaimer is filed, it may be, that the...
Էջ 313 - I conceive that, to constitute a public nuisance, the thing must be such as, in its nature or its consequences, is a nuisance — an injury or a damage, to all persons who come within the sphere of its operation, though it may be so in a greater degree to 143 some, than it is to others.
Էջ 444 - ... power which the law has vested in them, if they are assuming to themselves a power over property which the law does not give them...
Էջ 646 - An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a judge thereof; and when granted by a judge, it may be enforced as an order of the court.

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