Injunction

A prohibitory writ, issued by the authority of, and generally under the seal of, a court of equity, to restrain one or more of the defendants or parties, or quasi parties, to a suit or proceeding in equity, from doing, or from permitting his servants or others who are under his control to do, an act which is deemed to be unjust or inequitable so far as regards the rights of some other party or parties to such suit or proceedings in equity. Eden, Inj. c.

1; Jeremy, Eq. Jur. bk. 3, c.

2,§ 1; Story, Eq. Jur. § 861; Willard, Eq. Jur. 341; 4 Bouv. Insb. 120; 2 Green, Ch. (N. J.) 136; 1 Madd. 126. (1) Preliminary injunctions are used to restrain the party enjoined from doing or continuing to do the wrong complained of, either temporarily or during the continuance of the suit or proceeding in equity in which such injunction is granted, and before the rights of the parties have been definitely settled by the decision and decree of the court in such suit or proceeding. (2) Final or perpetual injunctions are awarded, or directed to be issued, or the preliminary injunction already issued is made final or perpetual, by the final decree of the court, or when the rights of the parties so far as relates to the subject of the injunction are finally adjudicated and disposed of by the decision and the order or decree of the court, 2 Freem. Ch. 106; 4 Johns. Ch. (N. Y.) 69; 3 Yerg. (Tenn.) 366; 1 Bibb (Ky.) 184; 4 Bouv. Inst. 123. In England, injunctions were divided into "common injunctions" and "special injunctions," Eden. Inj. (3d Am. Ed.) 178, note; Willard, Eq. Jur. 342; Saxt. (N. J.) equity was in default for not entering his appearancei or for not putting in his answer to the complainant's bill within the time prescribed by the practice of the court.

Eden, Inj. (3d Am. Ed.) 59-61, 68-72, 93, note; Story, Eq. Jur. § 892; 18 Ves. 523; Jeremy, Eq. Jur. bk. 3, c. 2, § 1, p. 339; Gilb. For. Rom. 194; Newby, Chanc. Prac. c. 4, § 7.

Special injunctions were founded upon the oath of the complainant, or other evidence of the truth of the charges contained in his bill of complaint. They were obtained upon a special application to the court, or to the officer of the court who was authorized to allow the issuing of such injunctions, and usually upon notice of such application given to the party whose proceedings were sought to be enjoined.

Story, Eq. Jur, § 892; 4 Eden, Inj. 78, 290; Jeremy, Eq. Jur. 339, 341, 342; 3 Mer. 475; 18 Ves. 522, 523.

In the United States courts, and in the equity courts of most of the states of the Union, the English practice of granting the common injunction has been discontinued or superseded, either by statute or by the rules of the courts. And the preliminary injunctions are therefore all special injunctions in the courts of this country, where such English practice has been superseded. INJURIA ABSQUE (or SINE) DAMNO. Wrong without damage; an actionable wrong not resulting in any legal damage. The doctrine of injuria absque damno applies only in those cases where, though there was a wrongful act, it did not amount to an invasion of a substantial right, the tendency of modern law being to presume nominal damages from every infraction of a legal right, though no actual damage result. Whether nominal damages will be presumed, or the rule of injuria absque damno applied, depends on the disposition of the court to invoke the maxim "de minimis," etc.

See 75 Cal. 182; 30 Vt. 443.

And this will be done generally, only where the right infringed was in itself trivial, as where an officer, on attaching hay, used for a few moments, without leave, a fork belonging to the attachment debtor, and then returned it uninjured.

22 Vt. 231. See Sedgw. Dam. § 96; Suth. Dam. § 3; "Nominal Damages."

INJURIA FIT El CUI CONVICIUM DICtum est, vel de eo factum carmen famosum. An injury is done to him of whom a reproachful thing is said, or concerning whom an infamous song is made.

9 Coke, 60.