Cases on Equitable Relief Against Defamation and Injuries to Personality; Supplementary to Ames' Cases in Equity Jurisdiction Volume 1

Cases on Equitable Relief Against Defamation and Injuries to Personality; Supplementary to Ames' Cases in Equity Jurisdiction Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...on the part of the court to restrain the freedom of speech and of locomotion, and the rights of the defendant in the pursuit of happiness. Furthermore, it is contended that, although the matters complained about might be regarded as a violation of the letter of the injunction, it was not a violation of its spirit, and the court had no power to coin a criminal offense out of the acts of the applicant, and to punish him as for a contempt. On the other hand, it is contended, on the part of the respondent, that the granting of the writ of injunction was not void, but, at the most, could only be considered improvident or irregular; that the court below had jurisdiction of the subject matter and all the parties; and that, it not being the void exercise of power, this court can not take jurisdiction by virtue of the writ of habeas corpus. At the outset, we lay down this proposition: That wherever the court has authority to grant the writ of injunction, no matter what irregularities may attend the granting thereof, or however erroneously the court may have acted in granting the same, as long as the injunction exists, undissolved, it must be obeyed, and for a violation thereof the party will be held in contempt. 2 High on Inj., secs. 1416-1418. If, however, the court has no jurisdiction over the subject matter involved, or if it has exceeded its power, by granting an injunction in a matter beyond its jurisdiction, the injunction will be treated as absohitely void, and defendants in such case can not be punished for contempt for its alleged violation. ld., sec. 1425. The power of courts of equity to grant writs of injunction has a wide range of subjects. Courts and te.: t-writers have sometimes attempted to enumerate them, but we be lieve that the..show more

Product details

  • Paperback | 36 pages
  • 189 x 246 x 2mm | 82g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123685098X
  • 9781236850980