INJUNCTION, appeal, register, practice. An injunction is a restraining order specifically sought by a bill setting out the title of the plaintiff that prevents a person from committing or committing an act (other than an indictable offence) that appears to be contrary to fairness and conscience. Mitf. Pl. 124; 1 crazy. Cpl. Pr. 126. 2. There are two types of injunctions, one called a reorganization order and the other court order. 3.-1. The first type of injunction or injunction is a prohibition addressed not to the lower court, but to the party controlling it.
It is granted if a party acts or is about to act against equity or in good conscience or in a contentious or vexatious manner; In such cases, the court will not abandon the party to the wrongdoing or inconvenience of the injustice and will appeal to the common law courts for redress, but will invoke its power to terminate such improper proceedings. 4. Corrective orders are common or specific in two types. 1. It is customary when he requests the stay of proceedings before the court and is of course granted; as in the case of a seizure in the absence of an appearance or response; or a Dedimus, which the defendant received to receive his reply in the country; or his prayer for time to answer, &c. Newl. Pr. 92; 13 Ves, 323.
2. A special order is obtained and sought only upon application or application with notice from the other party, sometimes under oath prior to the response, but more often on the merits set out in the defendant`s response. In cases of waste and other injuries of such urgency, injunctions are issued to say that a disaster would occur if the plaintiff waited for the response to be filed; However, the court will not issue an injunction while an objection or opposition to the bill is pending, because until that is presented, it does not appear whether the court has jurisdiction over the matter or not. The order issued at this stage of the proceedings is to continue until the reply or a new injunction; The injunction obtained on the merits in the reply normally lasts until the case is heard. 5. An injunction is generally issued to prevent injustice or to preserve disputed property. Its effect is usually only personal, that is, to seize and punish the party if it disobeys the order. Hrsg. Inj. 363; Harr. Cpl. Pr.
552. 6. The main violations that can be avoided by an injunction concern the person, personal property or real property. These are taken into account separately. 7.-1. As far as the individual is concerned, the Federal Chancellor can prevent a breach of the peace by demanding certainty of peace. A court of the registry also has summary and full jurisdiction to protect the relative rights of persons, for example between husband and wife, parents and child, and guardian and ward; And in these cases, an injunction is issued if the facts are appropriate. For example, a parent can obtain an injunction to prevent the marriage of their young son. 1 crazy. Cap.
p. 348; Hrsg. Inj. 297; 14 ves. 206; 19 Ves. 282; 1 chitty. Pr. 702. 8.-2. Personal property provisions are generally issued, 1. To prevent an affiliate or agent from creating or negotiating invoices, notes or contracts, or from taking any other action that harms the affiliate or principal. 3 ves.
Jr. 74; 3 Br. C. C. 15; 2 campb. 619; 1 prize, R. 503; 1 Mt. on Part 93; 1 crazy. Cpl. Pr. 160; Note.
Bills, 58, 61; 1 Hov. Supp. to Ves. Jr. 335; Forests. Lekt. 416. 9.-2D. Restrict the trading of bills of exchange or notes obtained fraudulently or without consideration. 8 Price, r.
631; Note. Bills, 31-41; Hrsg. Inj. 210; Blake`s Ch. Pr. 838; 2 yearst. 519; 3 years. 851; 2 ves. Jr. 493; 1 fonb. equation 43; 1 crazy.
Cap. Pr. 154.3d. To deliver null or satisfied acts. 1 V. & B. 244; 11 ves. 535; 17 ves. 111. 4. Enter and provide adequate security. 1 Anst, 49.5.
To prevent breaches of obligations or contracts and to demand performance from others. Hrsg. Inj. 308. 6. To prevent breach of trust or good faith or to prevent other losses, such as the disclosure of secrets of which the defendant became aware in the course of a confidential employment relationship. 1 Sim. R. 483 and see 1 Jac. and W. 394. An injunction is issued to prevent the publication of private letters without the consent of the authors.
Stiff. on Copyr. 90; 2 ATK. 342; Ambl. 137; 2 swans. 402, 427; 1 ball and beat. 207; 2 ves. and B. 19; 1 Mart.
Lo. R. 297; Ferry. From. Injunction A. However, publication is permitted if necessary to defend the capacity of the party who received it. 2 ves. & B.
19th seventh. To prevent abusive sales, payments or transfers. Note. Gl. Dig. Übung, xlvii. 8. To avoid loss or inconvenience; This can be achieved when submitting an invoice timet. (S. A.) 1 crazy. Cap.
Pr. 218 to 225. 9. Prevent waste of property by an executor or administrator. Aufl. Inj. 300; 1 crazy. Ch. Pr.; 160, 224.10. combating patent infringement; Hrsg.
Inj. Cap. 12; 14 ves. 130; 1 crazy. Cpl. Pr. 137; or copyright; Hrsg. Inj.
c. 13; 8 ares. 225; 17 ves. 424. 11. Stay of proceedings before the General Court. This procedure shall be suspended if, as a result of an accident, justice cannot be done; 1 John. Case 417: 4.
R. 287,194; Latch, 24, 146, 148; 1 vern. 180, 247; 1 chap. C. 77, 120; 1 Gl. Cas. ab. 92; or errors; 1 John.
Cap. R. 119, 607; 2 John. Cpl. R. 585; 4 John. Cpl. R. 85; Id. 144; 2 Munf.
187; 1 day Err case. 139; 3 chap. R. 55; Finch., 413; 2 Free. 16; Fitzg. 118; or fraud. 1 John. Cpl. R.
402; 2 John. Cpl. R. 512; 4 John. Cpl. R. 65. However, no interim injunction will be issued to stay criminal proceedings. 2 John. Cpl. R.
387; 6 Mod. 12; 2 ves. 396. 9.-3. Dispositions relating to immovable property may be obtained, 1. To prevent unnecessary intrusion or irreparable damage, although the owner may have the right to repossess the property if he can do so without breach of the peace.