{"id":11639,"date":"2017-12-27T04:53:09","date_gmt":"2017-12-27T04:53:09","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11639"},"modified":"2018-03-22T11:42:34","modified_gmt":"2018-03-22T11:42:34","slug":"common-injunction-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-make-a-motion","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11639","title":{"rendered":"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"},"content":{"rendered":"

common injunction<\/span>:<\/span><\/span>
\n<\/strong>(18c) Hist<\/em>.<\/span><\/span><\/p>\n

1. An<\/span> injunction<\/a> grantable as an order of\u00a0<\/span><\/strong>course, without reference to the merits, when the defendant failed to appear or<\/strong><\/span><\/span> failed to timely plead, answer, or demur. <\/strong><\/span><\/p>\n

2. <\/strong>English law.<\/em> An injunction issued by\u00a0<\/strong>a court of equity forbidding enforcement of a common-law judgment. In some<\/strong><\/span> cases, common law and equity rules differed, which could lead to inconsistent\u00a0<\/strong>remedies.\u00a0 A court of equity that ensured the equitable rule would prevail by<\/strong><\/span><\/span>
\n issuing a common injunction.\u00a0 Common injunctions were abolished in England\u00a0<\/strong>by the Judicature Act of 1873, \u00a7 24(5).<\/strong> \u2013 aka<\/span> equitable common <\/strong><\/em><\/span><\/span>injunction<\/strong><\/em><\/span>. [1]<\/span><\/span><\/p>\n

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.<\/span>\u00a0 28 Am J Rev ed Inj \u00a7 10<\/span>.<\/span><\/strong> [2]<\/span><\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

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[1]: Black’s Law Dictionary <\/a>Deluxe Tenth Edition<\/a><\/span><\/strong> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a0Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations<\/b><\/span><\/em>
\n<\/span><\/em><\/a>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

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