Page:United States Statutes at Large Volume 31.djvu/449

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 397 such judgment shall be effectual and binding on such defendant without other proceeding or process, and may be enforced, if necessary, as provided in section three hundred and eighty-one. Sec. 384. An injunction may be allowed by the court or judge, A1k<2w¤¤¤<= <>f i¤- thereof at ang time after the commencement of the action and before ’°°° 1°°‘ judglment. efore allowing the same the court or judge shall require of the plaintiff an undertaking, with one or more sureties, to the effect that he will pay all costs and disbursements that may be decreed to the defendant, and such damages, not exceeding an amount therein specified as he may sustain by reason of the injunction ifthe same be wrongful or without sufficient cause. · Sec. 385. The undertaking and affidavits, if any,.upon which the a,§;gV*g1<=¢<gf1;h§u91*;}1$:f injunction is allowed, shall be nled with the clerk. The order may be mm. g J served as a summons and returned to the clerk, with a proof of service indorsed thereon, except that T the service shall be made upon the defendant personally. The order may be filed with the clerk atonce, .. and shall be deemed to be served upon the defendant from the date of its allowance, if it appear therefrom that the defendant appeared before the court or judge at the allowance thereof. c Sec. 386. When it appears by the complaint that the plaintiff is Whgg d¤ft¤¤s1¤¤; entitled to therelief demanded, and such relief, or any part thereof, ming milgspdiiiidiiiy consists in restraining the commission or continuance of some act the °f“‘° “°“°”· commission or continuance of which during the litigation would pro- _ duce injury to the plaintiff; or when it appears by affidavit that the defendant is doing, or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiif’s rights concerning the subject of the action, and tending to render the judgment _ ineffectual; or when it appears by aflidavit that the defendant threatens or is about to remove or ispose of his property, or any part thereof, with intent to delay ordefraud his creditors, an injunction may be allowed to restrain such act, removal, or disposition. " _ Sec. ,387. An injunction shall not be allowed after the defendant .u—ggj>g;¤:,g;rggsvj,;· has answered, except upon notice, but in such. case the defendant may J “ be restrained until the decision of the court or judge allowing or refusing the injunction; and before answer, if the court or judge deem it proper.that the defendant should be heard before allowing an injunction, an order may be made requiring the defendant to Show cause, at a S eciiied time and place, why the injunction should not be allowed, and) in the meantime the defendant may be restrained. Sno; 388. If the injunction be allowed without notice, the defendant m};{§§¤;1t<&gg§g;¤ <¤ may, atany time after answer, and before trial, apply, upon notice, to Y J ° the court or judge thereof, to vacate or modify the same. The aptplication may be made upon aihdavits in addition to the answer, an p if so, the plaintiff may- oppose the same by affidavits, or other evidence, in addition to those upon which the injunction was allowed. If, upon the hearing of the motion, it satisfactorily appear that the injunction should not have been allowed, either in whole or in part, it shall be vacated or modified accordingly. · _ V CHAPTER Fonrr-Two. or trim ronnonosonn or LIENS UPON REAL PROPERTY. Sec. . Sec. ‘ 389. Liensu n real property, how fore-  394. Action for foreclosure can not be closedlo V maintained during pendency of 390. Parties defendant. 8 action for the debt. 391. Where two or more liens upon the .395. Nature of judgment where debt Same property. payable in installments some of .392. How judgment enforced. - which not due. 393. Property sold upon foreclosure, how. 396. Effect of payment before sale. redeemed. - Sec. 389. A lien u on real ro ert other than that of a judgment, rLi€¤¤ ¤ <>¤ rw! whether created by Iiriortgagg oi? otliérwise, shall be foreclosed, and glgdiaiillityl gow fom.