Page:1862 Territory of Dakota Session Laws.pdf/105

Affidavits may be read in hearing.Sect. 246. On the hearing of an application for an injunction, each party may read affidavits. All affidavits shall be filed.

If granted without notice, defendant may move to vacate or modify.Sect. 247. If the injunction be granted without notice, the defendant, at any time before the trial, may apply, upon notice, to the court in which the action is brought, or any judge thereof, to vacate or modify the same. The application may be made upon the petition and affidavits upon which the injunction is granted, or upon affidavits on the part of the party enjoined, with or without answer. The order of the judge allowing, dissolving, or modifying an injunction, shall be returned to the office of the clerk of the court in which the action is brought, and recorded and obeyed, as if made by the court.

If application on affidavits.Sect. 248. If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same to affidavits or other evidence, in addition to that on which the injunction was granted.

Injunction upon an answer, how.Sect. 249. A defendant may obtain an injunction upon an answer in the nature of a counter claim. He shall proceed in the manner prescribed in this chapter.

 

CHAPTER V.—Receivers and other Provisional Remedies.

Receiver may be appointed by whom and in what cases.Sect. 250. A receiver may be appointed by the supreme court, or district court or by any judge of either: 1. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff or of any party whose right to or interest in the property or fund, or the process thereof is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured. 2. In an action by a mortgagee for the foreclosure of his mortgage, and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgaged debt. 3. After judgment to carry the judgment into effect. 4. After the judgment, to dispose