Injunction to suspend a corporation, how and by whom granted. and on the hearing upon the order the injunction is refused, the restraining order expires. Hicks vs. Michael, 15 Cal., p. 107. 6 EFFECT OF AN APPEAL.-An appeal from an order refusing an injunction upon such hearing, or from an order dissolving an injunction, does not create an injunction or prolong the restraining order in the former case, nor revive it in the latter, pending the appeal.— Hicks vs. Michael, 15 Cal., p. 107. 531. (§ 117.) An injunction to suspend the gen business of eral and ordinary business of a corporation cannot be granted except by the Court or a Judge thereof; nor can it be granted without due notice of the application therefor to the proper officers or managing agent of the corporation, except when the people of this State are a party to the proceeding. Motion to vacate or modify injunction. NOTE.-1. LAW OF THE PLACE.-As to its effect on injunctions against corporations, see O'Brien vs. Chicago, Rock Island & Pacific R. R. Co., 36 How., p. 24; 4 Abb. (N. S.), p. 381. 2. EQUITY JURISDICTION OVER CORPORATIONS.Equity has no jurisdiction over corporations for the purpose of restraining their operations or winding up their concerns, but it may compel the officers of the corporation to account for any breach of trust; but the jurisdiction for this purpose is over the officers personally.-Neall vs. Hill, 16 Cal., p. 145; see, also, Parrott vs. Byers, 40 Cal., p. 614. 532. (§ 118.) If an injunction be granted without notice, the defendant, at any time before the trial, may apply, upon reasonable notice to the Judge who granted the injunction, or to the Court in which the action is brought, to dissolve or modify the same. The application may be made upon the complaint and the affidavit on which the injunction was granted, or upon affidavit on the part of the defendant, with or without the answer. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to those on which the injunction was granted. NOTE.-1. WHEN THE RIGHT EXISTS.-The right to move to dissolve before final hearing exists only where the injunction was granted without notice.Natoma W. & M. Co. vs. Parker, 16 Cal., p. 83; Henshaw vs. Clark and one hundred and three Chinamen, 14 Cal., p. 460. 2. PERMISSIVE NATURE OF PROCEEDINGS UNDER THIS SECTION.-This section, so far as it authorizes an application to a Judge out of Court, is permissive, and does not abridge the general power of the Court conferred by Sec. 937 of this Code. The special provision made by this section is not intended as a substitute for the power conferred by Sec. 937, but is in addition to such power.-Borland vs. Thornton, 12 Cal., p. 440; Woodruff vs. Fisher, 17 Barb., pp. 224, 230; Bruce vs. Delaware and Hudson Canal Co., 8 How., p. 440; Peck vs. Yorks, 41 Barb., p. 547. 3. MOTION BY PARTY IN CONTEMPT.-A party in contempt for disobedience may move to dissolve.Field vs. Chapman, 13 Abb., p. 320; 14 id., p. 133; 23 How., p. 80; Field vs. Hunt, 22 How., p. 329; Smith vs. Réno, 6 How., p. 124. But see dictum in Krom vs. Hogan, 4 How., p. 225; and Evans vs. Van Hall, Clark's Ch. R., Moak's ed., pp. 17, 24. 4. MOTION, ON WHAT MADE.-Where an injunction is granted without notice, the defendant may move to dissolve it, either: 1. Upon the papers, whatever they may have been, upon which it was granted; or, 2. Upon the papers upon which it was granted, and affidavits on the part of the defendant, with or without answer. In the first case the plaintiff can make no further showing, but must stand upon the papers upon which the injunction was granted; in the second case he may meet the defendant with a counter showing. The use of a verified answer is the use of an affidavit in the sense of Sec. 118 of the Practice Act.-Falkinburg vs. Lucy, 35 Cal., p. 52. 5. WHEN MADE ON COMPLAINT AND ANSWER.The general rule, that when an answer fully denies the equities of the complaint the injunction should be dissolved, is not of universal application; therefore, when the Court below, upon such pleadings, continues the injunction in force, its order to that effect will not be reversed on appeal, except under peculiar circumstances. Godey vs. Godey, 39 Cal., p. 157; see, also, Gardner vs. Perkins, 9 Cal., p. 553; Burnett vs. Whitesides, 13 id., p. 156; Johnson vs. W. W. M. Co., 22 id., p. 479; Real del Monte Co. vs. Pond Co., 23 id., p. 82. A temporary injunction ought to be dissoved upon an answer which does not present a full denial of the equities in the complaint.-Godey vs. Godey, 39 Cal., p. 157; Fuhn vs. Weber, 38 Cal., p. 636. That two causes of action have been joined, but not separately stated, is no ground for the dissolution of an injunction.-Fuhn vs. Weber, 38 Cal., p. 636. An amended complaint may be filed without prejudice to an injunction previously granted.-Barber vs. Reynolds, 33 Cal., p. 497. 6. WHEN MADE ON AFFIDAVITS.-See Hicks vs. Michael, 15 Cal., p. 107, and Subdivision 4 of this note. 7. SPECIAL CASES OF DISSOLUTION.-Where an assessment was made for the purpose of improving a street, by which the property of the plaintiff in common with the property of other persons owning lots on the same street, was benefited, and the improvement was completed without the plaintiff interposing in the outset to prevent it, and he then filed a complaint to stay the sale of his land, by virtue of an ordinance of the city, for the purpose of avoiding the payment of the assessment. It was held: that the injunction ought to be dissolved, on the ground that he who asks equity must do equity; that the city should be permitted to proceed and sell the plaintiff's land for the purpose of satisfying the assessment, leaving him after the sale to the technical rights which he set up by reason, as he claimed, of some irregularity in the mode of making the assessment.-Weber vs. The City of San Francisco, 1 Cal., p. 455. Plaintiffs sue defendants for damages for alleged trespasses upon a portion of quartz mining claims, alleged in the complaint to be the property and in the possession of plaintiffs, asking an injunction against further trespasses, which was granted, the complaint averring the insolvency of defendants. The defendants denied all the allegations of the complaint, and averred ownership. The jury found, generally, "for defendants." Then the defendants moved to amend the judgment by adding thereto the words, "and that the injunction heretofore granted be, and the same is hereby dissolved," which was refused; but the judgment was so modified as to permit defendants to work the surface diggings described in their answer. Held: that the action amounted to an action of trespass, with an injunction as auxiliary thereto; and that the action itself, having failed by the verdict for defendants, the injunction fell with it, and should have been dissolved.-Brennan vs. Gaston, 17 Cal., p. 372. A reversal of a judgment, which judgment awards the plaintiff possession of land, and enjoins the defendant from committing waste on the land, also reverses the injunction decree, even if the 9. EFFECT OF A MOTION FOR NEW TRIAL.-The 10. EFFECT OF AN APPEAL.-An appeal from an 533. (§ 119.) If upon such application it satisfactorily appear that there is not sufficient ground for the injunction, it must be dissolved; or if it satisfactorily appear that the extent of the injunction is too great, it must be modified. NOTE.-See note to Sec. 532. When to be modified. vacated or CHAPTER IV. ATTACHMENT. SECTION 537. Attachment, when and in what cases may issue. 538. Affidavit for attachment, what to contain. 539. Undertaking on attachment. 540. Writ, to whom directed and what to state. 541. Shares of stock and debts due defendant, how attached and disposed of. 542. How real and personal property shall be attached. 543. Attorney to give written instructions to Sheriff what to attach. 544. Garnishment, when garnishee liable to plaintiff. 59 VOL. I. Attach ment, when and in what cases SECTION 545. Citation to garnishee to appear before a Court or Judge. 546. Inventory, how made. Party refusing to give memorandum may be compelled to pay costs. 547. Perishable property, how sold. Accounts without suit to be collected. 548. Property attached may be sold as under execution, if the interests of the parties require. 549. When property claimed by a third party, how tried. 551. When there remains a balance due, how collected. deliver. 554. Proceedings to release attachment, before whom taken. 555. Attachment, in what cases it may be released and upon what terms. 556. When a motion to discharge attachment may be made, and upon what grounds. 557. When motion made on affidavit, it may be opposed by affidavit. 558. When writ must be discharged. 559. When writ to be returned. 537. (§ 120.) The plaintiff, at the time of issuing the summons, or at any time afterward, may have the may issue. property of the defendant attached as security for the satisfaction of any judgment that may be recovered, unless defendant give security to pay such judgment, as in this Chapter provided, in the following cases: 1. In an action upon a contract, express or implied, for the direct payment of money, which contract is made or is payable in this State, and is not secured by mortgage, lien, or pledge upon real or personal property; or, if so secured, that such security has been rendered nugatory by the act of the defendant; 2. In an action upon a contract, express or implied, against a defendant not residing in this State. NOTE.--1. GENERALLY.-The proceedings by attachment are statutory and special, and must be strictly pursued. When a party relies upon his attachment lien as a remedy, he must strictly follow the provisions of the statute.-Roberts & Co. vs. Landecker, 9 Cal., p. 262. The remedy is given only in cases of indebtedness arising upon contract.-Griswold vs. Sharp, 2 Cal., p. 17; Dutton vs. Shelton, 3 Cal., p. 206. The |