common injunction – grantable as an order of course, without reference to the merits, when the defendant fails to appear, or to timely plead, answer, or move to dismiss

common injunction:
(18c) Hist.

1. An injunction grantable as an order of course, without reference to the merits, when the defendant failed to appear or failed to timely plead, answer, or demur.

2. English law. An injunction issued by a court of equity forbidding enforcement of a common-law judgment. In some cases, common law and equity rules differed, which could lead to inconsistent remedies.  A court of equity that ensured the equitable rule would prevail by
issuing a common injunction.  Common injunctions were abolished in England by the Judicature Act of 1873, § 24(5). – aka equitable common injunction. [1]

1. A term of the early English practice for a n injunction in aid of or as secondary to another equity, as in the case of an injunction to restrain proceedings at law, in order to protect and enforce an equity which could not be pleaded in the action at law.  28 Am J Rev ed Inj § 10. [2]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931


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