Equity, by a writ of injunction, may restrain proceedings in another or the same court, a threatened or existing tort, or any other act of a private individual or corporation which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided at law. History. Orig. Code 1863, § […]
A perpetual injunction shall be granted only after hearing and upon a final decree. History. Orig. Code 1863, § 3146; Code 1868, § 3158; Code 1873, § 3225; Code 1882, § 3225; Civil Code 1895, § 4923; Civil Code 1910, § 5500; Code 1933, § 55-111.
Equity may enjoin the defendant as to transactions involving fraud, trust, or contracts beyond the limits of this state. History. Civil Code 1895, § 4854; Civil Code 1910, § 5427; Code 1933, § 55-112. History of Code section. The language of this Code section is derived in part from the decision in Engel v. Scheuerman, […]
Equity will take no part in the administration of the criminal law. It will neither aid criminal courts in the exercise of their jurisdiction, nor will it restrain or obstruct them. History. Civil Code 1895, § 4914; Civil Code 1910, § 5491; Code 1933, § 55-102. History of Code section. The language of this Code […]
Equity will not enjoin the proceedings and processes of a court of law, absent some intervening equity or other proper defense of which a party, without fault on his part, cannot avail himself at law. Writs of injunction may be issued by judges of the superior courts to enjoin sales by sheriffs, at any time […]
Equity will not interfere to restrain a trespass, unless the injury is irreparable in damages, or the trespasser is insolvent, or other circumstances exist which, in the discretion of the court, render the interposition of the writ necessary and proper, among which shall be the avoidance of circuity and multiplicity of actions. History. Laws 1842, […]
Equity will not interfere by injunction to restrain waste when the petitioner’s title is not clear. Such relief shall be granted only when the title is free from dispute. History. Civil Code 1895, § 4917; Civil Code 1910, § 5494; Code 1933, § 55-105. History of Code section. The language of this Code section is […]
Creditors without liens may not, as a general rule, enjoin their debtors from disposing of property nor obtain injunctions or other extraordinary relief in equity. History. Civil Code 1895, § 4918; Civil Code 1910, § 5495; Code 1933, § 55-106. History of Code section. The language of this Code section is derived in part from […]
Generally an injunction will not issue to restrain the breach of a contract for personal services unless the services are of a peculiar merit or character and cannot be performed by others. History. Civil Code 1895, § 4919; Civil Code 1910, § 5496; Code 1933, § 55-107. History of Code section. The language of this […]
The granting and continuing of injunctions shall always rest in the sound discretion of the judge, according to the circumstances of each case. This power shall be prudently and cautiously exercised and, except in clear and urgent cases, should not be resorted to. History. Orig. Code 1863, § 3141; Code 1868, § 3153; Code 1873, […]
A second injunction may be granted in the discretion of the judge. History. Laws 1842, Cobb’s 1851 Digest, p. 528; Code 1863, § 3144; Code 1868, § 3156; Code 1873, § 3223; Code 1882, § 3223; Civil Code 1895, § 4921; Civil Code 1910, § 5498; Civil Code 1933, § 55-109.
