The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-13
$3.50 D. y" oAl OfDA1 MORNlNd AUGUST l3 1870

restraining tho commission or continu-
ancc OF some net, the commission or
continuance OF which. during the litiga-
tion, would produce injury to the plain
TN; or I2l when, during the litigation,
IL Shall appear that the defendant is
oolhg, or threatens, or is about to do or
procuring or suffering some r.. to he
oohe IN Violation ~ s.;s :,luintitf's S rights
respecting the subject of the action, al.l
tehulng to render tho Judgment inc ncffectu-
al, temporary injunction may be grant
9u 10 restrain such net. 81 And where,
during the tendency of un action, it
shall appear by affidavit that the defend
ant threatens, is about to remove or
dispose of his property, with intent to
dcfraud his creditors, e temporary in
junction may be granted to restrain such
removal or disposition.
SEC. 243. The Injunction NAV be
granted at the time of commencing the
actlon, or Mt any time afterwards, before
Judgment, upon its appearing satisfacto.
riiy to the Court or Judge, by tho affida-
VII OF the plaintiff, or of any other
person, that sufficient ground exist there.
Tor. A copy of the affidavit must be
served with the Injunction.
SEC. I'll. An injunction shall not be
allowed after the defendant shall have
answered, unless upon notice or upon an
order to show cause; but in such case
the defendant may bo restrained until
the decision of the Court or Judge
granting or refusing the Injunction.
DEC. 40 When no provision is made
ny statute rs to security upon an in
junction, tue Court or Judge shall re-
quirc written undertaking on the part
ot the plaintiff, with or without sure
ties, to the effect that the plaintiff will
pay TO the party cnjoined such damages,
not exceeding IN amount to be specified.
as he may sustain by reason of the in
junction, If the court shall finally decide
That the plaintiff was not entitled there
TO: Ihe damages may be asccrtaincd by a
reference, or otherwise, as the court shall
direct '-'''-
SEC. ZIG. Ii the Court or Judge deem
1t proper that the defendant, or any of
several defendants, should be heard be-
iorc granting the injunction, an order
may be made requiring to be shown, ut
q spccihed time nnd place, why the in
Junction should not be grated; and the
strained
SEC. 247. An Injunction to suspend
thc general and ordinary business of a
corporation Shall not be granted except
py the court or a judge thereof Nor
shall it be granted without due notice of
the application therefor, to the proper
officers of the corporation. exccnt whero
the State Is party to the proceeding.
and except in proceedings to enforce the
liability of stockholders in corporot;ons
and associations for banking purnosrs
after the first day of January, one tbon,
sand eight hundred and seventy. ms such
proceedings are or shall be provided bv
law, unless tho plaintiff Shall give n
written undertaking. executed by two
sufficient sureties to be approved by the
Court or Judge, to the effect that the
plaintiff will pay all damages, not ex.
ceedlng the sum to be mentioned in the
undertaking., which such corporation
may sustain by reason of the Injunction.
II the court shall finally decide that the
plaintiff was not entitled thereto. The
damages may be asccrtained by n
reference, or otherwise, rs the court sholl
direct ''''''''
SEC. 2l9. II the injunction be granted
by the court or Judge thereof. without
notice. the defendant at any timo before
the trial, may apply, upon notice, to the
court or a Judge thereof, in which the
action is brought, to vacate or modify
the same. The application may be made
upon the complaints aud the afiidavits on
which the injunction was granted, or
upon affidayits on the part of the de-
fcndant. with or without the answer.
SEC. 249. If the application be made
upon atfidavits on the part of the de-
fendant, but not otherwise, the plaintiff
may oppose the same by atlidayits or
other proofs. in addition to those on
which the Injunction was granted.
CHAPTER ".
ATTACHMENT
SECTION $50. Property of foreign cor.
porations, and Of nonresident or ab.
scondinS or concealed defendants may
be attached.
SEC. 251. Attachment. by whom grant
ed.
rn