The courts have not defined or limited the cir cumstances in which relief by injunction will be granted, but reserve the right to exercise their power whenever a novel state of facts may seem to present urgent equitable grounds for doing so.
With reference to the time when they are granted and remain in force, injunctions are also classified as preliminary or interlocutory, and perpetual. R here there is danger that great damage will be clone by one party to another before the questions between them can be deter mined on their merits, a court of equity, or judge thereof, may, on application of one party to him on the bench, or at chambers, at any time of the day or night, and without notice to the other party, grant an injunction to prevent the con tinuance of the wrongs complained of during the pendency of the action; or, if no action has been commenced, to operate as a stay until an applica tion is made to the court by the party enjoined to have it dissolved. Upon such application all the facts on both sides are presented to the court, ;did it may then dissolve the injunction or make it permanent. Tn order that the party thus sum marily enjoined may not suffer damage if it is finally determined that he was within his rights in doing the acts complained of, the court or judge requires the party seeking the relief to give sufficient security that he will pay all damages that his adversary may sustain by reason of the injunction if it is thereafter dissolved for lack of sufficient legal grounds to sustain it. This
procedure thus protects hoth parties. This tem porary. or interlocutory. injunction may be made perpetual if the court later determines that the grounds advanced for its continuance are valid in law and have been sustained by the proof. No security is required upon the granting of a per petual injunction. As the order is directed to the person a ffeeted thereby. disobedience thereof is punished as a contempt of court (q.v.). See ClIANCERY: EQUITY.
Consult: High, Treatise on the Lame of Injunc tions as Administered in the Courts of time Fruited States and England (3d ed.. Chicago, 1S901 ; Kerr, Treatise on the Lair and Practice of In junctions (4th ed.. London. 1902): Bench, Trea tise on the Lam of Injunctions (Chicago. 1S95).