The Theory of a Pleading

The Theory of a Pleading

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...the Court will not grant an injunction on the theory that it will do the defendant no harm, if he has not done, or does not intend to do the act complained of; nor where there is unexpected delay, nor where the conduct of the plaintiff is not fair, i. e., not free from all taint of fraud or illegality. The defendant's right being carefully and properly safeguarded in one or more of the ways above mentioned, it would be difficult to assert that the injunction pendente lite is not a necessity in any modern system. To sum up: Unless statutes have prescribed otherwise, injunctions issue only where the controversy concerns property, or property rights, including, of course, contract rights; and not always then. For some property and some property rights receive in the courts of law what is deemed adequate protection. Where such protection is afforded, equity does not interfere, except in the few instances where it is necessary to preserve the status quo, and the court in which the legal contest is pending, for some reason, cannot give the needed protection. Where the assistance of equity is invoked there may indeed be a question whether the subject-matter of the controversy is a property right or a contract right requiring equitable protection. Thus, there may be a question whether a man has a property right in his own features. If it be held that he has not the Court will not enjoin.12 If it be held that he has13 then the Court will. But this and similar questions are not really questions of injunction but of substantive right. If the right be established, the injunction goes as a matter of course and upon the principle upon which it issues in other cases. Frederick W. Stevens. Morristown, N. J. "Youngblood v. Schamp (N. J. 1862) 2 McCarter 42....show more

Product details

  • Paperback | 44 pages
  • 189 x 246 x 2mm | 95g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236609417
  • 9781236609410