5. It is necessary to the obtaining an in junction., as to other equitable relief, that there should be no plain, adequate, and com plete remedy•at law. 30 Barb. N. Y. 549; 5 R. I. 472; 31 Penn. St. 387; .32 Ala. N. s. 723 ; 37 N. H. 254. An injunction will not be granted while the rights between the parties are undetermined, except in cases where ma terial and irreparable injury will be done, 3 Bosw. N. Y. 607 ; 1 Beasl. N. J. 247, 542; 15 Md. 22; 13 Cal. 156, 190; 10 id. 528; •6 Wisc. 68J; 1 Grant, Cas. Penn. 412; 16 Tex. 410; 28 Mo. 210; but where it is irreparable and of a nature which cannot be compen sated, and where there will be no adequate remedy, an injunction will be granted which may be made perpetual. 39 N. H. 182 ; 12 Cush. Mass. 410 ; 27 Ga. 499 ; 1 McAll. C. C. 271.
Injunctions are used by courts of equity in a great number and variety of special cases ; and in England and in the United States this writ was formerly used by such courts as the means of enforcing their decisions, orders, and decrees. But subsequent statutes have in most cases given to courts of equity the power of enforcing their decrees by the ordinary process of execution against the property of the party : so that an injunction to enforce the performance of a decree is now seldom necessary.
6. Injunctions may be used by courts of equity, in the United States as well as in England, to restrain the commencement or the continuance of proceedings in foreign courts, upon the same principles upon which they are used to restrain proceedings at law in courts of the same state or country where such injunction is granted. 3 Myl. & K. Ch. 104; Story, Eq. Jur. 899. But a state court will not grant an injunction to stay pro ceedings at law previously commenced in one of the United States courts. Nor will a United States court grant an injunction to stay proceedings at law previously com menced in a state court. 4 Cranch, 179 ; 7 id. 279; Willard, Eq. Jur. 348. And upon the ground of comity, as well as from prin ciples of public policy, the equity courts of one state of the Union will not grant an in junction to stay proceedings previously com menced in a court of a sister state, where the courts of such sister state have the power to afford the party applying for the injunc tion the equitable relief to which he is en titled. 2 Paige, Ch. N. Y. 401 ; Willard, Eq.
Jur. 348; 2 Barb. Ch. N. Y. 280; 31 Barb. N. Y. 364. In the United States, an injunc tion bill is generally sworn to by the com plainant, or is verified by the oath of some other person who is cognizant of the facts and charges contained in such bill, so far at least as relates to the allegations in the bill upon which the claim for a preliminary in junction is founded. And an order allowing such injunction is thereupon obtained by a special application to the court, or to some officer authorized by statute, or by the rules and practice of the to allow the injunc tion, either with or without notice to the party enjoined, and with or without security to such party, as the law or the rules and practice of the court may have prescribed in particular cases of classes. Woodb. & M. C. C. 280.
The bill must disclose a primary equity in aid of which this secondary remedy is asked.
4 Jones, Eq. No. C. 29 : 28 Ga. 585 ; 14 La. Ann. 108 ; 1 Grant, Cas. Penn. 412 ; 12 Mo. 315.
7. An injunction upon its face should con tain sufficient to apprize the party enjoined what he is restrained from doing or from per witting to be done by those who are under his control, without the necessity of his resort ing to the complainant's bill on file to ascer tain what he is to refrain from doing or from permitting to be done. 10 Cal. 347. And where a injunction is wanted, the complainant's bill should contain a pro per prayer for such process. 2 Edw. Ch. N. Y.188 ; 4 Paige, Ch. N. Y. 229, 444; 3 Sim. Ch. 273.
The remedy of the party injured by the violation of an injunction by the party en joined is by an application to the court to punish the party enjoined for his contempt in disobeying the process of the court. See CONTEMPT.
See, generally, Eden, Inj. ; • 1 Maddox, Chanc. 1"' rect. 125-165; Blake, Chaim Pract. 330-344 ; 1 Chitty, Pract. 701-731Cooper, Eq. Plead. Index ; Mitford, Eq. Plead. Index; Smith, Chanc. Pract. ; 14 Viner, Abr. 442; 2 IIov. Supp. Yes. Jr. 173, 431, 442; Comyns, Dig. Chancery (D 8); Newland, Pract. c. 4, s. 7 ; Bouvier, Inst. Index ; Drewry, Inj. ; Supplement to Drewry on Inj.; Walker, Am. Law; 2 Story, Eq. Jur.; Dunlop, Chanc. Pract. ; and the books on Chancery Practice generally.