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SECTION 1. The writ of order or injunction requiring a person to refrain from a particular act may be granted by the circuit court, or by a judge thereof in vacation, and when made by a judge may be enforced as the order of the court.
SEC. 2. An injunction may be granted in the following cases:
1. When it shall appear by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.
2. When it shall appear by the complaint or affidavit that the commission or continuance of some act during the litigation would produce great or irreparable injury to the plaintiff.
3. When it shall appear during the litigation that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual.
4. In any case where it is specially authorized by statute.
SEC. 3. The injunction may be granted at the time of issuing the summons upon the complaint, and at any time afterwards, before judgment, upon affidavits. The complaint in the one case, and the affidavits in the other, shall show satisfactorily that sufficient grounds exist therefor. No injunction shall be granted on the complaint unless it be verified by the oath of the plaintiff, or some one in his behalf, that the person making the oath has read the complaint, or heard the complaint read, and knows the contents thereof, and the same is true of his own knowledge, except the matters therein stated on information and belief, and that as to those matters he believes it
to be true. When granted on the complaint, a copy of the complaint and verification attached shall be served with the injunction; when granted upon affidavit, a copy of the affidavit shall be served with the injunction.
SEC. 4. An injunction shall not be allowed after the defendant has answered, unless upon notice, or upon an order to show cause; but in such case the defendant may be restrained until the decision of the court or judge granting or refusing the injunction.
SEC. 5. On granting an injunction the court or judge shall require, except where the United States are a party plaintiff, a written undertaking on the part of the plaintiff, with sufficient sureties, to the effect that the plaintiff will pay to the party enjoined such damages, not exceeding an amount to be specified, as such party may sustain by reason of the injunction, if the court shall finally decide that the plaintiff was not entitled thereto.
SEC. 6. If the court or judge deem it proper that the defendant, or any of several defendants, should be heard before granting the injunction, an order may be made requiring cause to be shown, at a specified time and place, why the injunction should not be granted, and the defendant may in the meantime be restrained.
SEC. 7. A party enjoined may, at any time before judgment, upon reasonable notice to the party who has obtained the injunction, move the court for additional security; and if it appear that the surety in the undertaking has removed from this District, or is insufficient, the court may dissolve the injunction, unless in a reasonable time sufficient security is given.
SEC. 8. 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, 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 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 that on which the injunction was granted.
SEC. 9. If upon such application it satisfactorily appear that there is not sufficient ground for the injunction, it shall be dissolved, or if it satisfactorily appear that the extent of the injunction is too great, it shall be modified.
1. Injunction may be granted by the court, or judge in vacation.
2. In what cases an injunction may be
3. At what time an injunction may be
4. Injunction after answer not allowed,
SECTION 1. The writ of order refrain from a particular act ma by a judge thereof in vacation, enforced as the order of the cour
SEC. 2. An injunction may be 1. When it shall appear by entitled to the relief demanded consists in restraining the com plained of, either for a limited
2. When it shall appear } commission or continuance of produce great or irreparable
3. When it shall appear · is doing, or threatens, or is to be done, some act in viol: the subject of the action, ineffectual.
4. In any case where it i SEC. 3. The injunction 1 summons upon the comp judgment, upon affidavit affidavits in the other, sh exist therefor. No inju unless it be verified by behalf, that the person heard the complaint 1 same is true of his ow on information and
in such case the leteziunt :
court or judge gaming Sar. 5. On grating mi except where the United She taking on the part of the that the plaintiff vill exceeding an amat tai reason of the injection plaintiff was not entitle So. 6. If the curta my of several defendant on, an order may len ime and place, why defendant may in the Sno. 7. A party sonable notice t de court for addi the undertaking t may dissolve ent security is FS. If an e time bein age who
imself that a summons cannot be served
1, secreted, removed, or disposed of, or is ove, or dispose of, his property not exempt it thereof, with the intent to defraud his
y this section shall be attached to the writ But no attachment shall issue on the ground foreign corporation or a non-resident of this bt or demand arising upon contract, judgment, injury to person or property committed within
ing the writ, the clerk shall require a written art of the plaintiff, in a sum not less than two d not exceeding the amount claimed by the ame is more than two hundred dollars, with the effect that if the defendant recover judgment all costs that may be awarded to the defendant, ich he may sustain by reason of the attachment, um specified in the undertaking.
shall be directed to the marshal, and require him keep all the property of the defendant within this pt from execution, or so much thereof as may be the plaintiff's demand, the amount of which shall ormity with the complaint, together with costs and
turn day of the attachment, when issued at the come action, shall be the same as that of the summons; rwards, it shall be twenty days after it is issued. ights or shares which the defendant may have in the orporation or company, together with the interest or , all debts due such defendant, and all other property, al, in this District, of such defendant, not exempt from ay be attached, and, if judgment be recovered against or collected to satisfy the judgment and execution.
hal to whom the writ is directed and delivered
without delay, as follows:
1. When and in what cases an attach2. ment may be issued.
3. Bond to be required of plaintiff.
4. What an attachment shall require the marshal to do.
5. The return day of the writ.
6. What may be taken on an attachment. 7. In what manner the writ shall be executed.
8. How the writ shall be returned.
9. If real estate be attached, the return shall be filed with the recorder.
10. Garnishee liable to plaintiff for amount in his hands.
11. Officer of corporation, &c., shall furnish certificate to the marshal.
12. The marshal may sell perishable property.
13. The marshal may redeliver property upon bond being given.
14. Marshal may summon a jury to try validity of a claim by a third person to personal property.
15. A garnishee may be required in certain cases to attend and be examined on oath.
SECTION 1. In an action for the recovery of money, the plaintiff, at the time of issuing the summons, or at any time afterwards, may have the property of the defendant attached, in the cases and in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as he may recover.
SEC. 2. A writ of attachment shall be issued by the clerk whenever the plaintiff, or some other person in his behalf, shall make affidavit that a cause of action exists against such defendant, specifying the amount of such claim over and above all legal set-offs, and the nature thereof, and that, as the affiant verily believes, the defendant is either
1. A foreign corporation; or,
2. That he is not a resident of this District, or has departed therefrom with the intent to defraud his creditors, or to avoid the service of a summons; or,