XI INJUNCTIONS Classification-Perpetual and Interlocutory Injunctions-Cause of Injunction-Common and Special Injunctions-Cross Injunctions-Restraining Order-Jurisdiction of Equity Courts-Essential Features-Grounds for an Injunction-Criminal ActionsReasons for a Refusal of an Injunction-Judgments-Execution-State and Federal Courts-Violation of an Injunction-Injunction Bonds-Modification-Dissolution-Continuance -Damages-Costs, etc. 10 A. B. M. VOL. 3 Αν ΧΙ INJUNCTIONS N injunction is a judicial command, issued upon the request of one party, by a court of equity, restraining another either from doing, or leaving undone, as the case may be, some particular action. Classification.-Injunctions are divided into two general classes: preventive and mandatory. The effect of a preventive injunction is to restrain the commission of any act, or the continuance of the same, when such would result in injury to the one by whom application for the injunction was made. On the other hand, a mandatory injunction requires the performance of a certain action, when the omission of the same would injure the applicant. The preventive form of injunction is the one most frequently employed, the mandatory form being issued only in extreme cases, where otherwise serious damage would ensue if it was withheld, and the court, in the action taken, is governed wholly by the individual circumstances of the case. The fact is clearly established that the power of a court of equity to compel the performance of an action in the affirmative is commensurate with its powers of prevention, but nevertheless earlier decisions were remarkable for the reluctance they exhibited in exercising their authority in that direction. However, the same results were attained indirectly by modifying the form of the command. For example, an injunction was issued in one case which had for its object the restoration to its place of a stopgate which had been removed. The injunction granted did not command that the stop-gate should be returned to its place, but was "to restrain preventing the use of the water by the applicant by removing the stop-gate," which was merely another way of ordering it restored. Perpetual and Interlocutory Injunctions.-Another classification is made of injunctions in general, according to the time in which they are destined to operate, viz., perpetual and interlocutory injunctions. The function of a perpetual injunction, as the name would imply, is perpetually to restrain the defendant from performing a certain act or asserting some claim which in its character is opposed to the rules of equity. A clear right must be shown before a perpetual injunction is issued, and the burden of proving this right falls upon the one in whose interest it is issued. When a perpetual injunction is merely preventive in its character it loses its distinctive feature, should the cause for which it was issued be removed, or should a change in title to the property concerned result in depriving the complainant of his interest in the same. An interlocutory injunction is temporary in its operation. Usually it is granted in order to prevent any change being made in the condition of affairs regarding the case in question until the same can be decided upon its merits. In consequence, an interlocutory injunction makes no pretense as to deciding the right or wrong of a case, but has for its sole object the preservation of the property in the existent condition at the time the injunction is issued, and the prevention of any action which might injure or endanger the right in controversy. Such an injunction is never granted unless the urgent necessity for preventing damage of an irreparable character is present, and is usually refused if the relief so obtained would be sufficient for the satisfaction of the plaintiff without the case being heard in court. Cause of Injunction. An injunction is issued for specific cause and at the discretion of the court. The authority for its issuance is vested in the judge, and is governed by judicial reasons. An injunction of any sort should be granted only in cases of urgent necessity, and unless the same exists great caution should be exercised in the use of such power. Even if no damage might befall the person against whom the injunction might be issued, it should not be issued if unnecessary. Common and Special Injunctions.-Interlocutory injunctions are subdivided into two classes: common and special. Common injunctions, however, are very little used. Their object is to prevent the continuation of legal proceedings until the defendant in the case has made his appearance and answer to the charges. Special injunctions are based on the necessity of affording protection to disputed property until the dispute comes up for adjudication, and are granted in response to special application. Cross Injunctions.-The term cross injunction is applied to the case wherein one person secures an injunction restraining another from interfering with certain property; and the person so enjoined having an equal right secures an injunction to the same effect against the first. It has also occurred that when in reality the plaintiff in an injunction case was at fault the court has granted an injunction in favor of the defendant. Restraining Order. Frequently, where the advisability of granting an injunction is being considered, a restraining order is issued to the defendant for the purpose of preserving all the features of the case as they are until the next step is decided upon. The restraining order is operative until the hearing of the application for the injunction, and if the injunction is denied the restraining order automatically expires. Jurisdiction of Equity Courts.-The power to grant injunctions has been one of the prerogatives of courts of equity since their inception. In England, in the early times, a complainant unable to secure redress for his wrongs through the medium of the common law resorted |