INJUNCTION. An injunction is a writ issuing by the order and under the seal of a court of equity, and is of two kinds, remedial and judicial.
The remedial writ is used for the fol lowing purposes among many others : to restrain parties from proceeding in other courts, from negotiating notes or bills of exchange, to prevent the sailing of a ship, the alienation of a specific chattel, to pre vent waste by felling timber or pulling down buildings, the infringement of pa tents or copyright, to repress nuisances, and to put an end to vexatious litigation. The writ of injunction is useful in stop ping or preventing wrongs for which the ordinary legal remedy is too slow.
The remedial writ of injunction is again distinguished as of two kinds, the special and the common injunction, both of which are obtained on motion before the court.
As a general rule, no injunction will be granted except there is a bill already filed. Special injunctions are usually obtained before appearance upon motion in court, supported by a certificate of the bill hav ing been filed, and an affidavit verifying the material circumstances alleged in the bill of complaint ; but in pressing cases, where the court is not sitting, the process will be granted upon petition supported in like manner.
Special injunctions are also obtained upon the merits disclosed by the answer in those cases which do not appear to be of so urgent a nature that mischief may ensue if the plaintiff were to wait anti the bill is answered. The special injunc tion granted upon the merits after answer continues until the hearing of the cause.
The writ called the common injunction only stays proceedings at common law ; and in the first instance it only stays ex ecution, and does not stay trial if issue be joined ; but it may by affidavit be imme diately extended to stay trial.
The common injunction and the injunc tion extended to stay trial continue in force until the defendant has fully an swered the plaintiff's bill, and the court has made an order to the contrary. The defendant therefore cannot apply to dis solve this injunction until he has put iu a full answer ; but the special injunction before answer continues until answer or further order, and consequently the de fendant may move upon affidavits to dis solve a special injunction before putting in his answer.
It would be useless, in an article of this description, to state the various rules which govern the practice of the courts as to granting, extending, continuing, or dissolving injunctions. They are laid down at length in the various books of practice, and do not admit of compression.
The judicial writ of injunction issues subsequently to a decree, and is a direc tion to yield up, to quit, or to continue the possession or lands, and is described as being in the nature of an execution. This wnt, however, is virtually abolished by the statute 11 Geo. IV. and 1 Wm. IV. C. 36, sec. 11, rule 19, which gives the writ of assistance at once, in such cases rendering the intermediate steps by injunction, attachment, &c. unnecessary.
The Roman Interdictum was in many respects similar to the English injunction. :INTERDICTU