Commentaries on the Law of Injunctions; As Determined by the Courts and Statutes of England and the United States Volume 1 (Paperback)

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. 1895 edition. Excerpt: ...of the exercise of his legal rights... Every principle of justice requires that the defendant should be restrained from the exercise of his rights no longer than is necessary to investigate the matter at issue." 'Dodd 'D. Fiavcl, 17 N. J. Eq. 255. 'Greenin 0. lloey, 9 N. J. Eq. 187. See, also, Depeyster 0. Graves, 2 Johns. Ch. 148. Where the complainant suifered three years to elapse without compelling an answer from one of several defendants, and the other defendants in their answer charged collusion between the complainant and the defendant who had not answered, it was held that under such circumstances the fact that all the defendants had not answered could not be urged as an objection to the dissolution of an injunction, unless the complainant denied upon afiidavit all collusion, and stated sufficient reasons for not compelling an answer from all the defendants. Ward 0. Van Bokkelen (1828), 1 Paige, 100. with diligence he was charged with the costs of a motion to dissolve, though the injunction was retained.' But where sufficient time has elapsed after the granting of an injunction pen/lente lite, within which the case could have been reached for trial and disposed of on the merits, the court, on appeal, will not disturb an order continuing the injunction until trial.' So, too, a. motion to dissolve or modify made by defendant more than a year after the injunction was granted, and after the cause has been brought to issue upon the merits, and unsupported by proof of any new or special circumstances, is too late.' 298. Dissolution where subpoena not served.--Where the complainant neglects to serve a. subpoena upon a defendant against whom an injunction has been granted, the defendant may appear...