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Injunction

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

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 todo some act, which he is threatening or attempting to comunit, or restraining him in the coutinuance thereof, such act being unjust and inequitable, injurious to the plaintiff, and not such as can be adequately redressed by an action at law. An injunction is a writ or order requiring a person to refrain from a particularact. It may be granted by the court in which the action is brought, or by a judge thereof, and when made by a judge it may be enforced as an order of the court.

Code Civil Proc. Cal. § 525.

Mandatory injunctions command defendant to do a particular thing. Preventive, command him to refrain from an act. An injunction is called “preliminary” or “provisional,” or an “injuaction pendente lite,” when itis granted at the outset of a suit brought for the purpose of restraining the defendant from doing the act threatened, until the suit has been heard and the rights of the parties determined. It is called “final” or “perpetual” when granted upon a hearing and adjudication of the rights in question, and as a measure of permanent relief,