THE LAW OF INJUNCTIONS. CHAPTER I. DEFINITION, NATURE AND PURPOSE OF THE WRIT. § 1. Definition. 2. Mandatory injunctions. 3. Interlocutory and perpetual injunctions. 4. Object of an interlocutory injunction. 5. Interlocutory injunction not decisive as to the merits. 6. Common and special injunctions. United States are special. Injunctions in courts of the 7. Bill should show some primary equity. Complainant must not be guilty of laches. 8. Writ not usually granted where the legal right is in doubt. 9. Positive injury must be made to appear. granted to encourage litigation. Injunction will not be 10. Utmost care necessary in the exercise of the jurisdiction. 11. Right to preliminary injunction not ex debito justitiæ, but addressed to the discretion of the court. 12. The prevention of a multiplicity of suits a favorite ground for the exercise of the jurisdiction. 13. Court will balance relative convenience and inconvenience. 14. Injunctions in cases of trusts. 15. Not usually granted to award possession of property, personal or real. 16. Discretion of court as to preliminary injunctions not subject to review; as to final injunctions may be reviewed. 17. Courts of co-ordinate jurisdiction. 18. Naked, legal right will not be protected which complainant has covenanted not to exercise. Injunction in behalf of the public. 19. Right of petition may be enjoined in England, but not in America. 20. Injunction effective from time of notice. Official notice not necessary. 21. A threatened wrong sufficient ground for injunction. Mere insolvency not sufficient. 22. Disclosure of confidential secrets may be enjoined. 23. Equity will not enjoin the commission of crimes, nor will it restrain the violation of penal statutes. 24. Fraud as a ground of the jurisdiction. 25. Fraudulent transfers. 26. Only judgment creditors may restrain fraudulent transfers. 27. Applications of the rule. 28. General averments of fraud insufficient. 29. Applications of the rule. 30. Injunction not allowed where remedy exists at law. 31. Where statutory remedy exists it must be followed. 32. Injunction must be specially prayed. May be granted without bill in certain cases. 33. Where injunction can be had by motion new suit will not be entertained. 84. Injunction will not be granted against persons and property in a foreign state. 35. Positive averment of facts necessary. 36. Allegations upon information and belief insufficient. 37. Verification of the bill. 38. Cases where verification may be dispensed with. 39. Precision required in the writ. No particular form requisite. 40. Injunction sometimes granted though not prayed for in the bill. 41. Injunction may be reinstated after dissolution. 42. After dissolution new injunction not allowed on the same equities. 43. New injunction not granted ex parte after dissolution. § 1. A writ of injunction may be defined as a judicial process, operating in personam, and requiring the person to whom it is directed to do or to refrain from doing a particular thing. In its broadest sense the process is restorative as well 1 McDonogh v. Calloway, 7 Rob. La. 442; Childress v. Perkins, Cooke, Tenn. 87. Jeremy defines an injunction to be "A writ framed according to the circumstances of the case, commanding an act which this Court regards essential to justice, or restraining an act which it esteems contrary to equity and good conscience." Jeremy's Eq., ch. 2, sec. 1, p. 307. Story defines it as "A judicial process whereby a party is required to do a particular thing, or to refrain from doing a particular thing, according to the exigency of the writ." 2 Story's Eq., § 861. Again it has been said to be "A prohibitory writ, granted by a court of equity, (in the nature of an interdictum in the civil law,) and which may be obtained in a variety of cases to restrain the adverse party in the suit from committing any acts of violation of the plaintiff's rights, as to stay proceedings at law, to restrain the negotiation of notes and other securities, to restrain from committing waste or nuisance, |