Page:United States Statutes at Large Volume 31.djvu/448

 396 FIFTY-s1XTH CONGRESS. snee. 1. cn. 786., 1900. three of section two hundred and thirty-seven, except the last clause ‘ » of such subd1vision three. Such judgment is a determination of the action, but shall no; have the effect to bar another action for the same cause or any art thereof. Sam Mm mal- SEc. 378. `&’henever upon the trial it is determined that the plaintiff is not entitled to the relief claimed, or any part thereof a judgment sléball be given disnlpssing the qctiorg and such judgment shall have the e act to bar anot er action or the same cause or an part thereof - unless such determination be on account of a failure og proof on the part of the plaintiff, in which case the court may, on motion of such pllainligff, giifv? suqlh judgment without prejuqlice  another action by t e p int1 or the same cause or any part thereo. “ 28Qg¤é!;};{g 26·”·¤¤d SEUL 379. The provisions of chapters twenty-six and twenty-seven " of this title, from and inclusive of sectio_n two hundred and forty-one to and inqlusive of selcjzion two hunljdkred and forty-four,1 shall apply to actions o an equita e nature. e rovisions of c a ter twenty- eight shall apply to controversies which) might be the suhjject of such an action. ‘ mjyhgg g,"§g§}';,°‘§§,E Sec. 380. When upon the submission of such an action the court is catihn;entry,ro1l,and unadvised as to what judgment ought to be given therein, it may °”“l'°°°'° l°h°'e°f‘ reslerve the clase §or further consideration, and) may decide jlhe same an give suc j ju gment in vacation by filmcr the same with the clerk. When a judgment is given in an action of alh equitable nature, unless olthegwise ordered by gzhe court, it lshall be entered by the clerk within t e ayit is given. ections two undred and fifty-one two hundred and fifty-two, two hundred and fifty-four, two hundred and fifty-five, and two hundred and fifty-nine, of this title shall apply to actions of an equitable nature. The provisions of chapter t 1rty of this title shall apply to judgments an the final record or roll thereof. CHAPTER FORTY. ` or THE Moms or ENFORCING A JUDGMENT IN ACTIONS or AN ' EQUITABLE NATURE. Sec. Sec. 381. When equivalent to performance. i 382. Certain chapters to apply. When equivalent to Sec. 381. A judgment requiring} a party to make a conveyance, "°"i°'m°‘"°°‘ transfer, release, acquittance, or ot `er 11ke act within a peiiiod therein specified shall, if such parity do not comply therewith, be deemed and taken to be equivalent thereto. The court or judge thereof may enforce an order or judgment in an action of an equitable nature, other qhan for the paylmeplt of mokpey, py punishing the party refusing or neg ecting to comp y therewit as or a contempt. Certain chapters to SEO. 382. The provisions of chapter. thirty-one of this title shall °m' y' — apply to the enforcement of judgments so far as the nature of the • judgm ent may require or admit o it but the mode of trial of an issue of act in a proceeding against a garnishee shall be according to the mode of tria of such issue in an action. CHAPTER F ORTY-ONE. I or 1NJUNoT1oN. s . . s . - Definition of, ands how permanent   When defendant may be restrained injunction enforced. during the pendency of the action. 384. Allowance of injunction. 387. Allowanceofinjunctionafter answer. 385. Service of the order allowing the 388. Motion to vacate or modify injunc- 1 injunction tion. h£§“‘;)i;*j$1§augf;, **}*1;% Sec. 383. An injunction is an order requiring a defendant in ap junction enforced. action to refra1n from a particular act. It is only allowed as a provisional remedy, and when a judgment is given enjoining a defendant,