INJUNCTION. A prohibitory wait, is sued by the authority of, and generally under the seal of, a court of equity, to restrain one or more of the defendants or parties, or quasi parties, to a suit or proceeding in .equity, from doing, or from permitting his servants or others who are under his control to do, an act which is deemed to be unjust or inequitable so far as regards the rights of some other party or parties to such suit or proceedings in equity. Eden, Inj. c. 1; Jeremy, Eq. Jur. b. 3, c. 2, 1 ; Story, Eq. Jur. 4 861 • Willard, Eq. Jur. 341 ; 4 Bouvier, Inst. 120 ; 2 Green, Ch. N. J. 136 ; 1 Madd. Ch. 126.
The interdict of the Roman law resembles, in many respeots, our injunction. It was used in three distinct hut cognate senses. 1. It was applied to signify the edicts made by the prsetor, declaratory of his intention to give a remedy in certain oases, chiefly to preserve or to restore possession; this in terdict was called edictal; edictale, quad prtetoriia ,edictie proponitur, ut eating enlace ed forntd posse; implorari. 2. It was used to signify his order or decree, applying the remedy in the given case he fore him, and was then called deeretal: deeretule,! plod przetur re 'raid impiorautitue deerevit. It is this whieh hears a strong resemblance to the in junction of a court of equity. 3. It was used, in the last place, to signify tho very remedy sought in the suit commenced under the praztoes edict; and thus it became the denomination of the action itself. Livingston on the Batture case, 5 Am. law Jour. 271; 2 Story, Eq. Jur. 865.
'2. Preliminary injunctions are used to re strain the party enjoined from doing or con tinuing to do the wrong complained of, either temporarily or during the continuance of the suit or proceeding in equity in which such injunction is granted, and before the rights of the parties have.been definitivelysettled by the decision and decree of the court in such snit or proceeding.
Final or perpetual injunctions are awarded, or directed to .be issned, or the preliminary injunction already issued is made final or perpetual, by the final decree of the court, or when the rights of the parties so far as re lates to the sulject of the injunction are 'finally adjudicated and disposed of by the decision and the order or decree of the court. 2 Freem. Ch. 106 ; 4 Johns. Ch. N. Y. 69; 3 Yerg. Tenn. 366; 1 Bibb, Ky. 184; 4 Bouvier, Ink. 123.
3. In England, injunctions were divided into common injunctions and special injunctions. Eden, Inj. 3d Am. ed. 178, n. • Willard, Eq. Jur. 342; Saxt..Ch. N. J. 504. The common injunction was obtained of course when the defendant in the suit in equity was in default for not entering his appear ance, or for not putting in his answer to the com plainant's bill within the times Prescribed by the !practice of the court. Edcu, Inj. 3d Am. ed.. 51/— 61, 68-72, 93, n.; Story, Eq. Jur. 892; 18 Yes. Ch. 523 ; Jeremy, Eq. Jur. b. 3, ch. 2, 1, p. 339 ; Gilbert, For. Roman. 194 ; Newby, Chanc. Pr. c. 4, 7. Special injunctions were 'founded upon the 'oath of the complainant, or other evidence of the truth of the charges contained in his bill of com plaint. They were obtained upon a special appli cation to the court or to the officer of She court who was authorized to allow the issuing of such injunc tion, and usually upon notice of such application given to the party whose proceedings were songht tote enjoined. Story, Eq.Jur. 892.; 4 Eden, Inj. 78, 290 ; Jeremy, Eq. Jur..339, 341, 342; 3 liter.
Ch. 475; 18 Ves. Ch. 522, 523. In the United States courts and in the equity courts'of most of the stateeof the Union, the English practice of granting the common injunction has been discontinued or superseded, either by statute or by the rules of the courts. And the preliminary injunctions are, there fore, all special injunctions in the courts of this country where such English practice has been superseded.
4. When used. The injunction is used in a great variety of cases, of which cases the fol lowing are some of the most common : to stay proceedings at law by the party enjoined, Eden, Inj. c. 2; Story, Eq. Jur. a 51, 874 877 ; Jeremy, Eq. Jur. 338 et seq.; Willard, Eq. Jur. 345 et seq.; R. M. Charlt. Ga. 93; 6 Gill & J. Md. 122; 1 Snmn. C. C.89; 4•ohns. Ch. N. Y. 17 ; 23 How. 500 ; 27 Conn. 579 ; 4 Jones, Eq. No. C. 32 ; 5 R. I. 171; '23 'Ga. 139 ; see 1 Bead. N. J. 223 ; 13 'Cal. 5'96; 20 Tex, 661; 35 Miss. 77 ; to restrain the trans fer of stocks, •of promissory notes, bills of ex change, •and other evidences of debt, Eden, Inj. c. 14; Story, Eq. Jur. 00 906, 907, 955,; Willard, Eq. Jur. 358, 359 ; 2 Ares. Ch. 44; 1 Russ. Ch. 412 ; 4 id. 550 ; 2 Swanst. Oh, 1'80; 2 Vern. Ch. 122; 3 Brown, Ch. 476; 9 Wheat. 738 ; 4 Jones, Eq. No. C. 257 ; to restrain the transfer of the title to property, 1 Beasl. N. J. 252,; 14 Md. 69 ; 7 Iowa, 33 ; 6 Gray, Mass. .562, or the parting with the possession of such property, Eden, Inj. c. 14,; •Story, Eq. Jur. a 953, 954; 16 Ves. Ch. 267; 3 Vcs. & B. Ch. 168; 4 Cow. N. Y. 440; 6 Madd. Ch. 10 ; to restrain the party •enjoined from setting up an unequita.ble defence in a suit at law, .Story, Eq. Jur. 00 903, 904 ; Mil ford, Eq. Plead. Jeremy ed. 134, 135.; Eden, Inj. c. 16 ; Cooper, Eq. Plead. 143 ; to re strain the infringement of a patent, Eden, Inj. c. 12; Phillipps, Pat. p. 451; Story, Eq. Jur. 00 930, 934 ; 3 Mer. Ch. 624 ; 1 Vern. Ch. 137; 1 Ves. Ch. 112; •3 id. 140; 3 P. Will. 355 ; 2 Blatchf. C. C. 39; 4 Wash. C. C. 259, 514, 534 ; 1 Paine, C. C. 441; 9 Johns. N. Y. 507, •or a copyright, or the pirating cf trade marks, Story, Eq. Jur. ; Willard, Eq. Jur. 383, 403, 404; 6 Yes. Ch. 225 ; 1 Jac. 314, 472 ; 17 Yes. Ch. 424; 1 Hill, N.Y. 119; 2 Bosw. N.Y. 1; to prevent the removal of liroperty, 3 Jones, Eq. No. C. 253, or the evidences of title to property, or the evidences of indebtedness, out of the jurisdiction of the court; •to restrain the committing of waste, Eden, Inj. c. 9 ; 2 Story, Eq. Jur. 0 909 et seq.; Willard, Eq. Jur. 369 et seq. ; 4 Kent, Comm. 161; 2 Johns. Ch. N. Y. 148; 11 Paige, Ch. N. Y. 503 ; .3 Atk. Ch. 723 ; 1.2 Md. 1 ; 14 id. 152.; 4 Jones, Eq. No. C. 174; 2 Iowa, 496; 32 Ala. N. s. 723; 1 McAll. C. C. 271; to prevent the creation or the continuance of a private nuisance, 12 Cush. Mass. 454; •28 Ga. 30; 11 Cal. 104, or of a public nuisance particularly noxious to the party asking for the injunction, Eden, Inj. c. 11; Mitford, Eq. Plead. 124; Story, Eq. 00 874. 903, etc. 9 • Wil lard, Eq. Jur. 388 ; 2 •Sugden, Vend. Appx. 9th ed. 361; 2 Wils. Ch. 101, 102 ; 1 Coop. Sel. Cas. 333; Jeremy, Eq. Jur.•309; 6 Johns. Ch. N. Y. 46; 28 Barb. N. Y. 228; 3 Paige, Ch. N.Y. 210, 213; 83; 8 id. 351, 354; 9 id. 575 ; 14 La. Ann. 247; to restrain ille gal actsef municipal officers, 12 Cush. Mass. 410; 29 Barb. N.Y. 396; 8 Wisc. 485 ; 10 Cal. 278 ; see 23 Ga. 402 ; 30 Ala. N. s. 135 ; to prevent a purprestrue. 12 Ind. 467.