The law of injunctions (Google eBook)

Front Cover
Kay & brother, 1865 - Injunctions - 597 pages
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Page 546 - ... claim a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating...
Page 547 - ... or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right...
Page 307 - ... before the suit is brought. The granting of such an injunction is a matter resting in the sound discretion of the Court ; and if the Court should grant a perpetual injunction before any disclaimer is filed, it may be, that the...
Page 547 - ... such terms as to the duration of the writ, keeping an account, giving security, or otherwise, as to such Court or Judge shall seem reasonable and just, and in case of disobedience such writ may be enforced by attachment by the Court, or, when...
Page 275 - I conceive that, to constitute a public nuisance, the thing must be such as, in its nature or its consequences, is a nuisance an injury or a damage, to all persons who come within the sphere of its operation, though it may be so in a greater degree to 143 some, than it is to others.
Page 38 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 521 - 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 granted by a judge, it may be enforced as an order of the court.
Page 549 - ... when, during the litigation, it appears that the defendant is doing, or threatens, or is about to do or is procuring or suffering to be done, some act in violation of the plaintiffs rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 266 - By the term accident is here intended, not merely inevitable casualty, or the act of Providence, or what is technically called vis major, or irresistible force ; but such unforeseen events, misfortunes, losses, acts, or omissions, as are not the result of any negligence or misconduct in the...
Page 408 - If this claim of monopoly can be maintained, without any limitation of time, it is a much better right than that of a patentee ; but the violation of right, with which the defendant is charged, does not fall within the cases in which the court has restrained a fraudulent attempt by one man to invade another's property...

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