Page:Black's Law Dictionary (Second Edition).djvu/635

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INJUNCTION

thing: (2) prohibits him from refusing (or pcisisting in :1 refusal) to do or -permit some act to which the plaintifff has a legal right: or (3) restrains the defendant from permitting his previous wrongful net to continue operative, thus virtually coinpelling him to undo it. its by removing obstructions or erections, nnd restoring the 1-ilaintiil‘ or the place or the sub-

ject-mutter to the former condition. Bailey v. Schnitzius. 45 N. 178, 16 At]. (380; Paisons v. Mnrye ( . _ Fed. 121; Purple v. McKa.ne, T8 Hun, . 125 N. Y. Supp. 981: Procter v. Stuart. 4 Old. (579. 46_ Pnc. 501.

—I-‘ex-mnnent injunction. One intended to TPIJIIIID in Iorce until the final termination of the particular suit. Rigcins v. Thompson. 06 Tux. 154. 71 S. W’. 14.—Perpetua1 injunction. Opposed to an injunction ed intern an injunction which finally disposes of the suit, and is indefinite in point of time. Ri pins v. Thompson. 96 Tex. 154 71 S. W. rm Florcz v. Raynohils. (C. (1.5 8 Fed. 433. Preliniiniu-y Injunction. An injunction granted at the institution of a suit, to re- atriiin the defendant from doinz fir continuing some act, the right to which is in dispute, and which may either be discharged or mode perpetuai, according to the result of the contro- versy, as soon as the rights of the paities nre detennlnerl. Darlington Oil Co. 1:. Pee Dee Oil 00., 6?. S. C. 196. 40 S. . 169: Appeal of Mammoth Vein Consol. Coal Co.. 54 P3- 188: Allison v. Corsnn 68 Fed. 5S4. 32 C. C. A. 1 Jesse French Piano Co. v. Follies, I3-1 Alu. 3 . 32 South. 675. 92 Am. St. Ben. 31. —-Preventive injnneti . Une which pro- hihits the defendant from doing a particulnr act or coinmuntls him to refrain from it.—Provi- sionnl injunction. Another name for a pre- liminary or temporary injunction or no in- jnnctinn pendente iite.—Speci:t1 injunction. .\u injunction obtained only on motion and limit‘ u, usually with notice to the other §)iil'[_V. . d h v. Kirkland. G Ilii1h._Lz1W (S. C. 340. An injunction by which parties are i_- _trnined from committing waste, dnniage, or injury‘ to property. 4 Steph. Comm. 1:’.._ n_ote z.—'1‘empoi-any injunction. A prehininury or pro- \'i-‘ionnl injunction, or one ersintcd pcndente ll e: as opposed to a finiil or -perpetual in- junction. French Pizino Co. v. Porter, 131 Ala. South. 678, 92 Am. St. Rep. 3].

. csse 30.3, 32

INJURIES GRAVES. Fl‘. II1 I-‘tench law. Grievous insults or injuries, including personal insults and reproachful language. constituting a just cause of divorce. Butler v. Butler, 1 Pars. Eq. (3:15. (Pa.) 344.

INJURIA. Lat. Injury; wrong; the pri- vation or iioiation of rirzht. 3 Bl. Comm. 2. —Injru-ia. nbsque dnnino. Injury or urong uilliout damage. A wrong done, but from Wl.ll(l1 no loss or danmire resuits_, and which, therefore, will not sustain an action.

Injurin. fit ei cui cunvicium dictum cat. vel de en fnctum cnrmen famosum. An injury is done to him of whom a reproach- ful thing is said, or conceruing Whom an in- famous song is made. 9 Cake, 60.

Injuriu. illatn. judiei, seu locum tenenti regis, videtnr ipsi 1-egi illata max- ime si fiat in exercentem officium. 3 Inst. 1. An injury offered to a judge, or person representing the king. is (‘0IlSl(lei‘(-‘ll as offered to the king hiiiisuli’. cS[lP(‘i‘1lly if it be done in the exercise of his office.

627

INJURY Injurin. non excnsmt injuriam. One wrong does not justify another. Broom,

Max. 395. See 6 El. 6: B1. 47.

Injnr-is. non pr-aesumitur. Injury is not presumed. Co. Litt. 232. Cruel, oppressive. or tortuous Conduct Will not be presumed. Best. Ev. p. 336, § 298.

Ilmillrin. [Jropria non cadet in beneficium (acientis. One's oun wrong shall not fall to the advantage of him that does it. A mun will not be nilowed to derive benefit from his own wrongful act. Branch, Princ.

Injuria. servi doininum per-tingit. ‘l‘h(-. master is linhie for injury done by his Serv- ant. Lofift, 229.

INJURIOUS WORDS. In Louisiana. Slander, or libelous words. Civil Code Ln. art. 3501.

INJURY. Any wrong or damage done to another, either in his person, rights. reputation, or pxvpcrty. Parker v. Griswold, 17 Conn. 299, 42 Am. Dec 7 ‘I: Woodruff v. Mining Co., 18 Fed. 7S1 Hitch v. Edge couilie Count 132 N. 4.‘. 2:13. 44 S. . 30; Mat:.1uley v icrnegr, 19 R. 1. 255, 33 Ati. 1, 37 L. R. A. -. «:1 Am. St. Rep. 770.

In the civil law. A delict committed in contempt or outriue of any one, whereby his body, his dignity, or his reputation is maliciously injured. Voet, Com. ad Panil. 47. t. 10. no. 1.

—Oiwil Injury. Injuries to person or property, resiiltim: from a breach of contract. deli . or criminal oifmse, which may be redrc sod by means of :1 civil action. Ciillinnu v. Bu hard. 41 Misc. nap. 321. 8 '. 1. Sum). —Irre]i.u1'abIe injury. This phrzie does not ll|E‘(ln sucli _nn ll]]l.ll'\ as is lu-vnnd the pussihillty of i'P[)Hll‘, or beynnrhpossilile cnnippnsntion i_ damages, or ncccssni-ilv i.-r<-nt damage, but includes an Injury, ulietlicr g.'X'l-‘Rt or small. uhicli ought not to be submitted to, on the one hand, or indicted. on the other; nod which. because it is so large or so sninli, or is of such constant and frequent occurrence. cunnot receive rcnsonnlile reilrvss in a court of hivr. Sanderlin v. Baxter. 70 Va. 306. 44 Am.

0 . ll": Farley 17. Care (‘itv Gnslizlit Co., 10.: Ga. 323. 31 S. E. 193' “"nhlc v. Rein- l)lll"ll 76 Ill. 3””; Camp v Di on_ 112 G;‘_ 373 3.‘! S. E. 71. 52 L. R. . . “'ron:s of a repeated Tlfid (‘(\E|fillllil'|£.' chnracter, or u-hir'-li occasion damages that are estimated onlr hv conjecture, and not ht any nrcur.-ire Fl'9[](l'lTd. urc int-Iutlofl. Johnson v. Iiler. 3 Pitt-ah. R. (l"a.) 20-.l.—Pe:rsonn.l injury. A hurt or dam- age done to II man's person. such as a out or bruise. a broken limb, or the like, as distin- xruished from no injury to his property or his reputation. The uhrase ls cliicily used in connection with actions of t for ni‘_:li;.,'en l\'nrris v. Grove. 10!) \Iir=h. ' ' TV State v. (‘l:iyhorne. 14 “Hi '1. ., . Ill. R\. Co. v. Lnucr. 21 Lou]. N. E. 703. But the teini is also fly in stiitute-s) in in much wider sense, and as including any injury which is an i - vasion of personal rights, and in this SiCnifi\a' tion it may include such injuries as libel or slunder, criminal conversation with a uife. seduction of a daughter, and mental sufferiug.

See Delamnter v. Russell, 4 How. Prac. (N.