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Injunction

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An Injunction is a authoritative warning or a judicial order that restrains a person from effecting legal action, or orders redress to an injured party.

  • A prohibitive writ issued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act, which he is threatening or attempting to commit, or restraining him in the continuance thereof, such act being unjust and inequitable, injurious to the plaintiff, and not such as can be adequately redressed by an action at law. Dupre v. Anderson, 45 La.Ann. 1134, 13 So. 743; City of Alma v. Loehr, 42 Kan. 368, 22 P. 424.
  • A judicial process operating in personam, and requiring person to whom it is directed to do or refrain from doing a particular thing. Gainsburg v. Dodge, 193 Ark. 473, 101 S.W.2d 178, 180.

Final injunction

  • One granted when the rights of the parties are determined; distinguished from a preliminary injunction. Southern Pac. R. Co. v. Oakland, C.C.Cal., 58 F. 54.

Interlocutory injunction

One granted prior to the final hearing and determination of the matter in issue, and which is to continue until answer, or until the final hearing, or until the further order of the court. Gas & Electric Securities Co. v. Manhattan & Queens Traction Corporation. C.C.A.N.Y., 266 F. 625, 632

Mandatory injunction

One which (1) commands the defendant to do some positive act or particular thing; (2) prohibits him from refusing (or persisting in a refusal) to do or permit some act to which the plaintiff has a legal right; or (3) restrains the defendant from permitting his previous wrongful act to continue operative, thus virtually compelling him to undo it. Bailey v. Schnitzius, 43 N.J.Eq. 178, 16 A. 680.

Permanent injunction

One intended to remain in force until the final termination of the particular suit. Riggins v. Thompson, 96 Tex. 154, 71 S.W. 14.

Perpetual injunction

An injunction which finally disposes of the suit, and is indefinite in point of lime. Riggins v. Thompson, 96 Tex. 154, 71 S.W. 14.

Preliminary injunction

An injunction granted at the institution of a suit, to restrain the defendant from doing or continuing some act, the right to which is in dispute, and which may either be discharged or made perpetual, according to the result of the controversy, as soon as the rights of the parties are determined. Darlington Oil Co. v. Pee Dee Oil Co., 62 S.C. 196, 40 S.E. 169: Appeal of Mammoth Vein Consol. Coal Co., 54 Pa. 188.

Preventive injunction

One which prohibits the defendant from doing a particular act or commands him to refrain from it. Leaksville Woolen Mills v. Spray Water Power & Land Co., 183 N.C. 511, 112 S.E. 24, 25.

Provisional injunction

Another name for a preliminary or temporary injunction or an injunction pendente lite.

Special injunction

An injunction obtained only on motion and petition, usually with notice to the other party. Aldrich v. Kirkland, 6 Rich.Law S.C. 340; 4 Steph.Comm. 12, note z.

Temporary injunction

A preliminary or provisional injunction, or one granted pendente lite; as opposed to a final or perpetual injunction.

Related Cases / Recent Cases / Case Law

  • Colls v Home and Colonial Stores Ltd, (1901) AC 179: It was held that as the obstruction complained of did not amount to a nuisance, the plaintiff could not obtain an injunction in equity, as he could not recover damages at common law.

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