Interlocutory Injunction - Law Dictionary Search Results
Home Dictionary Name: interlocutory injunction Page: 8Peace, Bill of
Peace, Bill of. This equitable remedy sought repose from perpetual and needless litigation, and protection from a multiplicity of suits, either by establishing and perpetuating a right which the plaintiff claimed and which, from its nature, might be controverted by different persons at different times and by different actions; or where separate attempts had already been unsuccessfully made to overthrow the same right, and justice required that the plaintiff should be quieted in the right if it was already, or if it should be thereafter, established under the direction of the Court. See Sheffield Waterworks v. Yeoman, (1866) LR 2 Ch 8; Kerr on Injunctions.The results obtained by this bill would now generally be obtained by an action in the High Court for a declaration of title and an injunction. See A.P. notes to (English) R.S.C., Ord. XXV., r. 4....
Threats
Threats, or menaces of bodily hurt, through fear of which a man's business is interrupted, are civil injuries affecting the right of personal security. The remedy for this species of injury is in pecuniary damages.By the Larceny Act, 1916, s. 30,Every person who with intent:(a) to extort any valuable thing from any person, or(b) to induce any person to confer or procure for any person any appointment or office of profit or trust,(1)publishes or threatens to publish any libel upon any other person whether living or dead; or(2)directly or indirectly threatens to print or publish or directly or indirectly proposes to abstain from or offers to prevent the printing or publishing of any matter or thing touching any other person (whether living or dead),shall be guilty of a misdemeanour, and on conviction thereof liable to imprisonment, with or without hard labour, for any term not exceeding two years.See also, s. 29 (ibid.), as to threats to accuse of certain serious crimes, and BLACKMAIL.Th...
Coke, Sir Edward
Coke, Sir Edward, often, but incorrectly, styled Lord Coke, born in 1551, called to the Bar by the Inner Temple in 1578, counsel in Shelley's case (see that title), Speaker of the House of Commons, Solicitor-General and Attorney-General under Queen Elizabeth, knighted by James I. shortly after his accession in 1603, made Chief Justice of the Common Pleas in 1606 and of the King's Bench in 1613, 'taking particular delight,' writes Lord Campbell in his Lives of the Chief Justices, 'in styling himself ' Chief Justice of England,''was deprived of office and committed to the Tower by Charles I., for his support of the Petition of right. Coke was bitterly hostile to the injunction of equity. The controversy between Coke and Lord Ellesmere, the Chancellor, was acute. James I. referred the whole matter to Bacon, the Attorney-General, and others learned in the law. Acting upon the recommendations of this committee of counsel, James I. decided the matter in favour of Chancery. It should be menti...
provisional
provisional 1 : provided for a temporary need : suitable or acceptable in the existing situation but subject to change or nullification [a government] [ custody of a minor] 2 : of, relating to, or being temporary judicial acts or proceedings (as of attachment, injunction, or sequestration) allowed before final judgment to protect the interests of one or more parties to an action [a remedy] pro·vi·sion·al·ly adv ...
Actio personalis moritur cum persona.
Actio personalis moritur cum persona. A personal action dies with the person, i.e., the right to sue is gone. 'As if battery be done to a man, if he who did the battery or the other die, the action is gone' (Noy, 9th Edn., p. 20). This maxim states the general rule that actions of tort are destroyed by death of either the injured or the injuring party. Besides the statutory exceptions mentioned below, an action may be brought by the personal representatives of a deceased person for injury done to his property in his lifetime. It has also been applied to actions arising out of contracts of a purely personal nature, e.g., promise to marry, Finley v. Chirney, (1880) 20 QBD 494, or to write a book or paint a picture, See Leake on Contracts; Broom's Max.; Twycross v. Grant, (1877) 4 CPD 40; Phillips v. Homfray, (1993) 24 Ch D 439; and Jones v. Simes, (1890) 43 Ch D 607 as to injunction.This rule of the Common Law has been encroached upon by various statutes; by 4 Edw. 3, c. 7, as to trespas...
Absque impetitione vasti
Absque impetitione vasti [Lat.] (without impeachment of waste), a reservation frequently made to a tenant for life, that no man shall proceed against him for waste committed. This reservation does not extend to allow excessive or outrageous acts of waste, such as felling timber planted for ornament, which is called 'equitable waste' and is ground for an injunction. See WASTE...
Rechabite
One of the descendants of Jonadab the son of Rechab all of whom by his injunction abstained from the use of intoxicating drinks and even from planting the vine Jer xxxv 2 19 Also in modern times a member of a certain society of abstainers from alcoholic liquors...
Hest
Command precept injunction...
Conjurement
Serious injunction solemn demand or entreaty...
time, place, or manner restriction
time, place, or manner restriction : a restriction on the time, place, or manner of expression that is justified when it is neutral as to content and serves a significant government interest and leaves open ample alternative channels of communication [an injunction excluding demonstrators from the front of the building was held to be a reasonable time, place, or manner restriction] called also time, place, and manner restriction ...
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