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restrain, ch, co, fed, enjoin and property

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PRIVACY.

Equity will enjoin the construction of a street railway over a part of a turnpike road, the fee of which is owned by the com plainant; Philadelphia & Trenton R. Co. v. R. Co., 6 Pa. D. R. 269 ; at the suit of a wife, whose title is not disputed, will enjoin her husband's creditors from selling her property for payment of his debts ; Smith v. Eline, 18 Pa. C. C. R. 560; and will enjoin a hardware store situated in a populous district from keeping and selling dynamite, and from over loading its building with a stock of hard ware, when it thereby becomes a menace to passers-by ; McDonough v. Roat, 8 Kulp (Pa.) 433.

An injunction will be granted to restrain a company in voluntary liquidation from distributing its assets among its sharehold ers without providing for future liabilities under a lease ; 32 Ch. D. 41; to restrain a husband from going to his wife's house set tled to her separate use, in a case where pro ceedings are pending between them for di vorce or a judicial separation, and they are living apart; 24 Ch. 346 ; to enjoin a hus band from dealing with his property where alimony is claimed ; [1893] P. 284 ; [1896] P. 36, but see [1896] P. 35; against trades unionists who maliciously induce employer's contractees to break their contracts; [1893] 1 Q. B. 715; for maliciously inducing an employer to dismiss his employs ; [1895] 2 Q. B. 21; against picketing ; [1896] 1 Ch. 811; to restrain the publication of notes of a lecture where the audience was limited and were admitted by ticket ; 28 Ch. D. 374; to restrain the publication of any valuable in formation, e. g. of prices communicated to a limited public for a limited purpose ; [1896]. 1 Q. B. 147; to restrain the sale of a volume of letters ; 2 Atk. 341; to restrain the pub lication of confidential information obtained during service; 19 Q. B. D. 629 ; such as drawings; [1892] 2 Ch. 518 ; advertisements ; [1893] 1 Ch. 218; to restrain the vendor of a good will from soliciting his former cus tomers ; [1896] App. Cas. 7 ; or a photogra pher who had taken a likeness of a lady in order to supply her with copies.for money,

from selling or exhibiting copies ; 40 Ch. D.

345; or to prevent a fraudulent transfer or removal from the jurisdictioff of a debtor's property, in aid of an execution ; People v. Van Buren, 136 N. Y. 252, 32 N. E. 775, 20 L. R. A. 446.

An injunction will not be granted, as a rule, to take property out of the possession of one party and put it into that of another whose title has not been established at law ; Lacassagne v. Chapuis, 144 U. S. 119, 12 Sup. Ct. 659, 36 L. Ed. 368 ; Roy v. Moore, 85 Conn. 159, 82 Ati. 233; Flannery v. High tower, 97 Ga. 592, 25 S. E. 371 (but record evidence of title is not absolutely necessary to sustain a bill to enjoin au ejectment ; Michie v. Ellair, 54 Mich. 518, 20 N. W. 564; and if the plaintiff's title is the better one in respect to possession, an injunction will issue; Dosoris Pond Co. v. Campbell, 25 App. Div. 179, 50 N. Y. Supp. 819 ; id., 164 N. Y. 596, 58 N. E. 1087) ; nor where both the possession of realty and the right of posses sion are in doubt ; Stone v. Snell, 4 Neb. (Uuof.) 430, 94 N. W. 525; nor where the ti tle to personal property is the sole question in dispute ; Kistler v. Weaver, 135 N. C. 388, 47 S. E. 478; nor to restrain a defendant in a case pending for the infringement of let ters patent, from issuing circulars alleging that the plaintiff's patent in suit is invalid ; Baltimore Car-Wheel Co. v. Bemis, 29 Fed. 95; Kidd v. Horry, 28 Fed. 773; (contra, Emack v. Kane, 34 Fed. 46 ; Bell v. Mfg. Co., 65 Ga. 452 ; and it lies in England by stat ute ; 14 Ch. Div. 763 ; Kidd v. Horry, 28 Fed. 774; L. R. 7 Eq. 488) ; nor to restrain a patentee who has begun, and is proceeding with, a suit on his patent, from notifying a manufacturer's customers, in a courteous way, that he intends to enforce his rights ; New York Filter Co. v. Schwarzwalder, 58 Fed. 577; nor to restrain defendant from falsely representing that a patentee's inven tion is an infringement of his, and thus de terring purchasers ; Whitehead v. Kitson, 119 Mass. 484.

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