Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    An equity writ prohibiting or commanding an act. See 116 Fed. (U. S.) 510.

  • Black's Law Dictionary: 2nd Edition

    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 ls 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 U. S. v. Haggerty (C. C.) 116 Fed. 515; Dupre v. Anderson, 45 La. Ann. 1134, 13 South. 743; City of Alma v. Loehr, 42 Kan. 368, 22 Pac. 424. 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 made by a judge it may be enforced as an order of the court. Code Civ. Proc. Cal. § 525.
    —Final injnnction. A final injunction is one granted when the rights of the parties are determined ; it may be made mandatory, (commanding acts to be done,) and ls distinguished from a preliminary injunction, which is confined to the purpose and office of simple prevention or restraining. Southern Pac R. Co., v. Oakland (C. Ct) 58 Fed. 54.
    —Mandatory injnnction. 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, as by removing obstructions or erections, and restoring the plaintiff or the place or the subject-matter to the former condition. Bailey v. Schnitzius, 45 N. J. Eq. 178, 16 All. 680; Parsons v. Marye (C. C.) 23 Fed. 121; People v. McKane, 78 Hun, 154, 28 N. Y. Supp. 981; Procter v. Stuart, 4 Okl. 679, 46 Pac. 501.
    —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. Opposed to an injunction ad interim; an injunction which finally disposes of the suit, and is indefinite in point of time. Riggins v. Thompson, 96 Tex. 154, 71 S. W. 14; De Florez v. Raynolds, (C. Ct) 8 Fed. 438.
    — 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 per-pefual, 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. O. 196, 40 S. E. 169; Appeal of Mammoth Vein Co.nsol. Co.al Co.., 54 Pa. 188; Allison v. Corson, 88 Fed. 584, 32 C. C. A. 12; Jesse French Piano Co., v. Forbes, 134 Ala. 302, 32 South. 078, 92 Am. St. Rep. 31.
    —Preventive injunction. One which prohibits the defendant from doing a particular act or commands him to refrain from it.
    —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. O.) 340. An injunction by which parties are restrained from committing waste, damage, or injury to property. 4 Steph. Comm. 12, note
    —Temporary injunction. A preliminary or provisional injunction, or one granted pendente lite; as opposed to a final or perpetual injunction. Jesse French Piano Co. v. Porter, 134 Ala. 302, 32 South. 678, 92 Am. St. Rep. 81.