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granted.

granted
final judgment
subject to the
further orders of
the court.

may that

to be granted a.

who

has

an

notice.

stop business of

&c., can only be granted on notice.

1851. 0313. The injunction may be granted at the commenceWhen and by ment of the action, or at any time before judgment, by the junction "may be court, or by the judge thereof or any circuit judge, or by

the presiding judge of the county court, where it appears by the petition that the plaintiff is entitled thereto. And, during a litigation, it may be granted by the court, or by the judge thereof or any circuit judge, where it satisfactorily appears by affidavits that sutricient grounds exist therefor.

$314. All injunctions granted before final judgment, Injunctions betore shall be subject to the further order of the court.

§ 315. The court or judge to whom an application for

an injunction is made, may direct a reasonable notice to Court or judge be given to the party against whom the injunction is asknotice be given. ed, to attend and show cause against it at a specified time before granting and place, and may, in the meantime, restrain such party. an injunction.

9316. An injunction shall not be granted against a deNo injunction fendant who has answered, unless he has had notice of the gainsi delendant application therefor. swered, without $ 317. An injunction to stop the general and ordinary

business of a corporation, or the operations of a turnpike, Injunction to railroad, or canal company, or of a municipal corporation, a corporation, or of the trustees of a tuwn, or any building, erection, or

other work, or to restrain a nuisance or the unlawful issue or circulation of small notes or bills, can only be granted by the court, or by the judge thereof or any circuit judge, upon reasonable notice of the time and place of the application therefor, to the party injoined.

9 318. On the hearing of an application for an injuncOn hearing of tion of which notice has been given, each party may read each party may affidavits.

$319. In every case, the court or judge granting an inOrder for in. junction shall specify in the order therefor an amount, for junction to spe, which the party obtaining it shall give security in a bond to bond to be given the party injoined, before the injunction shall become ef

fectual; which amount shall be suflicient to cover all the probable damages and costs that may be occasioned by the injunction. The court or judge may prescribe the effect of the bond, so as to secure to the party injoined the damages to which he may become entitled, if it is finally decided that the injunction ought not to have been granted. Where the injunction is to stay proceedings upon a judgment or final order for money, the amount for which security is required shall be sufficient to cover, with other damages, the sum injoined, with five years' interest thereon. Where the injunction is to stay proceedings upon a judgment for property, the amount specified in the order shall be sufficient to cover also the rent, hire, or value of the use thereof for two years; and in case of personal property, its value likewise.

application,

read affidavits.

thereof.

No injunction

clerks.

upon the

$ 320. The order of injunction shall not be issued by the 1851. clerk, until the bond mentioned in the last section has been executed in his office by one or more suflicient sureties of to issue without

bond being giv. the party obtaining the injunction. Where the injunction en. is to stay proceedings upon a judgment or final order, the bond shall be to the effect that the party obtaining the injunction will satisfy the judgment or order, or so much of it as is injoined, to the extent to which the injunction may be dissolved; and that he will also satisfy any modified judgment or order that may be rendered or made in lieu of it, or so much of it as exceeds the amount left uninjoined. In other cases, unless otherwise directed by the court or judge, the bond shall be to the effect that the party giving it will pay to the party injoined such damages as he may sustain, if it is finally decided that the injunction ought not to have been granted. § 321. Sureties in injunction bonds shall be taken by the

Sureties in in clerk, under the same responsibilities as in other cases of junction bonds

be taken by sureties taken by him.

Ø 322. The order of injunction shall be addressed to the To whom or party injoined, shall state the injunction, and shall be dated

der of injunction

to be addressed, and signed by the clerk. Where it is issued at the com

and manner of

serving it. mencement of the action, it shall be indorsed summons, and the copy thereof delivered to the sheriff. Where it is issued during the litigation, it shall be delivered to himn with as many copies thereof as there are parties injoined. The sheriff shall forth with serve it, by delivering a copy to each party injoined, and make return thereof on the order. § 323. Where notice of the application for an injunction

Notice of an

injunction ope. has been given to the party injoined, it shall not be necessary to serve the order upon him; he is bound by the injunction as soon as the bond required of the adverse party is executed. 6324. An injunction binds the party from the time he is tion binasa par:

injunc. informed thereof. § 325. No injunction shall be granted to stay proceedings

No injunction

to be granted upon a judgment of a justice of the peace, or of a county where the mai:

is court, where the value of the matter in dispute does not

five exceed five pounds.

pounds. $326. An injunction to stay proceedings on a judgment

Injunction to

stay judgnient or final order of a court, shall not be granted, in an action 0.. ly

granted in court brought, by the party seeking the injunction, in any other that rendered it. court than that in which the judgment or order was rendered or made. Nor shall such injunction be granted, unless the party applying therefor makes affidavit that no injunction has been previously granted to stay the proceedings on such judgment or order. § 327. No injunction shall be granted by a judge, after a Judge cannot

grant injunction motion therefor has been overruled by the court. Nor shall after motion has any be granted by a judge of a county court, where it has been overruled

rates as service ol un order.

.

ty.

less than

can

bo

injunction may be punished

in

for injunction to be filed with pa. pers.

may

tional surely.

1851. been refused by the judge of the court in which the action

is brought, or by any circuit judge. A judge refusing an application for an injunction, shall, if requested by the defendant, give him a certificate thereof.

§ 328. Disobedience of an injunction may be punished Disohedience by the court, or by the judge thereof, or any circuit judge

in vacation, as a contempt. An attachment may be issued is a contempt, by the court or judge, upon the production of evidence by

affidavit of the breach of the injunction, against the party committing the same. And unless he purges the contempt, if in vacation, the judge may commit him to jail until the sitting of the court, or take a bond with security for his appearance, to answer for the contempt at the next term of the court, and, in the meantime, to obey the injunction.

§ 329. The affidavits read upon an application for an inon application junction, shall be filed with the papers of the case.

9 330. A party injoined may, at any time before judg

ment, upon reasonable notice to the party who has obtained Party who is the injunction, move the court for additional security on injoined move for addis behalf of such party; and, if it appears on such mo

tion that the surety in the injunction bond has removed
from this state, or is insufficient, the court may vacate the
order of injunction, unless in a reasonable time sufficient
security is given.

ARTICLE II.
Dissolution and reinstatement of injunction.

$ 331. The party injoined may, at any time, upon reasonParty injoin. able notice to the plaintiff, move the court, upon the plainbiotice, move to tiff's petition and affidavits alone, to dissolve or modify an dissolve or inod injunction of the application for which no notice was given.

.

9 332. A motion to dissolve or modify an injunction Injunction granted by a county judge, may, at any time, upon reasonkranted by coube able notice to the plaintiff, be made before the judge of the

of court or any circuit judge, upon the plaintiff's petition and cation by the affidavits alone. The order of the judge overruling the court or a cir same, or dissolving or modifying the injunction, with the cuit judge. notice, shall be returned to the office of the clerk of the

court. They shall be noted upon the record and the order obeyed, as if made by the court.

$ 333. After answer filed by the party injoined, he may After answer give notice to the plaintiff of a motion to be made to the joined' may give court in not less than ten days thereafter upon the whole touissaive in case, to dissolve or modify the injunction. Upon such mo

tion, each party may read depositions and other competent evidence in writing. The court shall be bound to take the answer as true.

9334. The motion upon the whole case to dissolve or Motion to die modify the injunction, may be postponed on the application

. , may be continue of either party, to a subsequent day, or, to the next term,

where the court is satisfied that, under the circumstances of

ed mayupon

ly judge may dissolved OT modified

judge

the

filed party in

and

junction.

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may be assessed

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the case, the delay is proper. When delay is asked in or- 1851. der to obtain the testiinony of a witness, it must appear by affidavit what facts the witness is expected to prove, that the affiant believes his testimony will be true, and that it could not have been obtained by due diligence, § 335. After hearing the motion, the court or judge shall

After hearing overrule the same, or dissolve or modify the injunction, ac- cuit judge may cording to the right of the case.

§ 336. Only one motion to dissolve or modify an injunc- One motion on tion upon the whole case, shall be allowed.

$ 337. Upon the dissolution in whole or in part of an in- tion. junction to stay proceedings upon a judgment or final or- Upon dissolu.

tion of an injunc: der, the damages shall be assessed by the court, which may tion dainages hear the evidence and decide in a summary way, or may, --if for money, at its discretion, cause a jury to be impanneled to find the not exceeding damages. Where money is injoined, the damages may be for property, val.

ue or use, bire, any rate per cent. on the amount released by the dissolution, which, in the discretion of the court, may be proper, not exceeding ten per cent. And, where the delivery of property has been delayed by the injunction, the value of the use, hire; or rent thereof shall be assessed. Judgment shall be rendered, against the party who obtained the injunction, for the damages assessed; and the assessment shall be conclusive against the surety of such party.

$ 338. Where the plaintiff desires to apply for a reinstatement of an injunction dissolved or modified on motion, effect in a rear the court or judge shall make the order of dissolution or desired by the modification to take effect in a reasonable time thereafter, plaintiff. not exceeding twenty days, and shall express in the order that the plaintiff has leave to apply in the meantime for a reinstateinent of the injunction.

§ 339. A judge of the court of appeals, in any case in Injunction may which the plaintiff has secured the right to apply therefor be leinstated big

a judge of the as provided in the last section, may, upon an inspection of court or appeals. copies of the record, and of the depositions and evidence read upon the motion to dissolve or modify the injunction, reinstate the same in whole or in part. And, if the order of reinstatement is filed in the clerk's office in the time limited as provided in the last section, the injunction, as reinstated, shall be obeyed; otherwise, the order of dissolution or modification shall take effect.

CHAPTER 5.

Receivcr. § 340. In an action by a vendor to vacate a fraudulent

be appointed to purchase of property, or by a creditor to subject any prop- take charge of erty or fund to his claim, or between partners or others propertien pend. jointly owing or interested in any property or fund, on the application of the plaintiff or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund

time if

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appointed ceiver.

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debts, &c.

1851. is in danger of being lost, removed, or materially injured,

the court may appoint a receiver to take charge thereof during the pendency of the action, and may order and coerce the delivery of it to him.

$ 341. In an action by a mortgagee for the foreclosure of be receiverem as his mortgage, and sale of the mortgaged property, a re

appointed to take charge of ceiver may, in like manner, be appointed, where it appears mortgaged prop

that the mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is

probably insufficient to discharge the mortgage debt. No party in.

$342. No party, or attorney or person interested in an terested shall be action, shall be appointed receiver therein.

$343. Before entering upon his duties, the receiver must Receiver to he be sworn to perform them faithfully, and, with one or more with sureties approved by the court, execute a bond to such per

son and in such sum as the court shall direct, to the effect that he will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein.

$ 344. The receiver has, under the control of the court, bringcentement power to bring and defend actions, to take and keep possesactions, collect sion of the property, to receive rents, collect debts, and,

generally, to do such acts respecting the property as the court may authorize.

Chapter 6.

Deposit in court. $ 345. Where it is admitted, by the pleading or examinahe partyprop tion of a party, that he has in his possession, or under his erty as trustee control, any inoney, or other thing capable of delivery, its delivery. which, being the subject of the litigation, is held by him as

trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court, or delivered to such party with or without security, subject to the further direction of the court.

§ 316. Wherever in the exercise of its authority, a court Court may en.

has ordered the deposit or delivery of money or other thing, force delivery of and the order is disobeyed, the court, besides punishing the

, or require sheriff to seize disobedience, may make an order requiring the sheriff to

take the money or thing, and deposit or deliver it in conformity with its direction.

$ 347. The court may direct the sheriff to keep safely Sheriff allow any property delivered pursuant to the provisions of this keeping proper chapter, and may allow him the necessary expenses attend

ing the same, to be paid by such party as the court shall direct, and taxed in the costs of the action.

9 348. It may confide to the sheriff money deposited or Sheriff maybe paid into court, which shall be kept hy him under the same the depositare in requirements and responsibilities of himself and his sure

or cases or bail, in ties as are provided by this code in respect to money de0210.

posited in lieu of bail.

has money .

may

it.

ed expenses for

ty, to be taxed ay costs.

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