The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-06-17
CHAPTER ".
Injunction.

Sec. 231. The Injunction provided by this code is a
command to refrain from particular act. II NAV lie
the fnai iudgmc ut in an action, may he allowed
provisional remedy, and when allowed, it snail he by
order. The writ of injunction is abolished.
sec 2's. When it appears by the petition. that the
plaintiff is entitled to the relief dcmandsd and such
lief any part thereof, consists in restraining the
COMMISSION or continuance of some act the commits.
sion or continuance OF which, during the iga-
tnn. would produce great rreparale injury 10 the
plaintiff or when, during the ltgation it appears that
the defendant is doing, or threatens, is about do
Is procuring or suffering 10 he done in viola.
ton of the plaintiffs rights, respecting subject oithe
action, and tending to render the Judgment Intellectual
temporary injunction may he granted to restrain such
act IL may also he granted in any case where it is
specially authorized by statute.
Sec 23o The Injunction may he granted at the time
oil commencing the action at any time afterwards.
hcore Judgment by the supreme court or any judys
thereof, the Cont OfCommOn Pleas Judge thereof
or in the absence from tie county of said judges, by
the Probate judge thereof uron its appearing stsacto
rIly TO the court or judge, y the affidavit of the plaintiff
or ms agent, that tie plaintiff is entitled thGreio.
Sec. 24O. fhe court judge deem it proper that the
defendant or any party 10 the suit should he heard he
fore granting the injunction, it may direct reasonable
notice TO be given to such party TO attend for such pu
pose al specified time and place. and may, in the
time, restrain such party.
Sec. 2il. An injunction shall rot lie granted against
apary VINO mas answered, unless upon no'ce hut such
party may lerestraincd until the decision ofihe app
cation for an Injunction.
Sec. ei2. No Injunction unless otherwise provided
by special statute, shall operate, until the party obtaining
the same shall give an undertaking executed by
more sufficient suetes, TO he approved by the cerk of
the court granting such Injunction, in amount TO he
fixed by the Court or judge allowing the same
to the party cnioned the damages he may sustain if it
be finally decided that The injunction ought not TO have
Sec al2. The order of injunction shall he addressed
to the party enioned shall the riunC ion and shall
be issued by the ccIk. Where the injunction is allowed
al the commencement of the action the clerk shall
dorsc upon the summons "njunction allowed" and ii
shall not necessary to issue the order OF niunCtiOn
nor shall it he necessary TO issue the same, where notice
ofhc application therefor has been given TO the party
cnjoined The service of the summons endorsed,
The notice oihe application for an inuHction shall be
notice Ofits allowance
Sec aii Where the Injunction is allowed during the
ltga on and without notice ofthe application therefor.
the order of injunction shall lie issued and the sheriff
orthwith serve the same upon each party enoined, in
the manner prescribed for serving asummons and make
return thereof without delay.
Sec ai5. An injunction binds the party from the
time he has notice thereof and the undertaking required
by the applicant therefor, is executed.
Sec. 2l6. No injunction shall he Grantcdby judge.
aer motion therefor has been overrned the merits
of the application by his court and where II has been
refused by the court in which the action is brought,
Judge thereof it shall not he granted 10 the ami
raut hya court of inferior jurisdiction or amy judge
thereof.
enforced as the of the court. Disoledcnce of
iuiuuCt may he punished cOntempt by the
or any judge who might have granted It in vacation
An ait aCnent be issued by the Court judge un-
on being satisfied by affidavit of the breach orthG nunc
ton against the party guilty same aud he be
fine not exceeding two hundred dollars for the the
county to make immediate restitution 10 the party in.
iursd aud give further security TO obey the injunction;
or in default thereof he may he committed TO close
tody, untl he shall fully comply with such requirement
o he OtherW lse eIa!ly discharged.
Sec. 2ls party enjoined may, at any time before
Judgment upon reasonable notice the party who has
obtained the injunction, the court for additional
security and il appear that the surety in the undera
king has removed from the state is insufficient, the
court may vaeaie the injunction, unless in reasonable
time, sufficient security is given.
Soc o49. On the hearing of an application for an in
Junction, each party may read aldavs. All aldsvits
shall hG died
See. $50 the injunction he granted without notice,
the defendant any time before the trial may apply
upon notice. 20 the court in which the action brought
uuue thereof, yaCate modify the The
may lie made upon tue petition aud ailavits
upon which the Injunction is granted orupOn afhdavits
on the par, oCthe party enoned, with without answer
The order the judge allowing, diss0lving modifying
an Injunction, shall he returned TO the office OF the clerk
ofts court in which tho action is brought and record
ed and obeyed. as if made by the court.
Sec. 25l Ifthe application be made upon affdavits
part of the defendant hut not otherwise the pan
tT NAV onpOse the to aifdavis other evidence
i'm addition that ON which the injunction granted
Sec. 81! defendant may Obtain an injunction upon
an answer iu the nature of Counterc claim. lie shall
in manner nIese Iihed In this chanler.