Code of Civil and Criminal Practice as Passed by the Eighth General Assembly of the State of Iowa, Approved March 29 and 30, A.D. 1860 (Paperback)

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. 1860 Excerpt: ...may be adjudged against the petitioner by reason of such injunction. 1159. (2194.) When proceedings in a civil action are sought to be enjoined the suit must be brought in the county wherein Buch proceedings are pending. The bond must also in that case be farther-conditioned to pay any judgmei t that may be ultimately recovered against the party who seeks che injunction, for the cause of action on which the suit sought to be enjoined is founded. 1160. 219J.) The penalty of the bend mast be fixed by the Court or judge who makes the order and must be doubly sufficient to cover any probable amount of liability to be thereby incurred. 1161. (2196.) Upon the filing of the bond as required, the clerk must issue the writ of injunction as directed by the order of allowance. 1162. (2197.) The Court or judge before granting the writ may, if deemed advisable, allow the defendant an opportunity to, ehow cause why such order should not be granted. 1163. (2198.) If the writ is granted without allowing the defendant to show cause, he may at any time before the next term of the Court apply to the judge who made the order to vacate or modify the same. 1164. (2199.) Such application must be with notice to the plaintiff and may rest upon the ground that the order was improperly granted, or it may be founded upon affidavits on the part of the defendant. In the latter case the plaintiff may fortify his application by counter affidavits and have reasonable time therefor, i 1165. (2200.) The judge may thereupon decide the matter at once unless some good cause for delay be shown. But the vacation of the order shall not prevent the cause from proceeding in any thing be left to proceed upon. 1166. (2201.) Any judge of the Supreme or District Court, being furnished with an authentica...