Page:United States Statutes at Large Volume 47 Part 1.djvu/966

 942 72d CONGRESS. SESS. II. 'CH. 127 . FEBRUARY, 27, 1933 . 6. Where the restraint is necessary to prevent a multiplicity of judicial proceedings ; 7. Where the obligation arises from a trust. When denied. AN INJDNCTION CAN NOT BE GRANTED- 1. To s tay a judicial pro ce edi ng pe nd ing at the commencement of the a ction in w hich the i njunc tion is de mande d, un less such restr aint is necessary to pr ev ent a multiplicity of such proceedings ; 2. To prevent the execution of a public st atu te by officers of the law for the public benefit ; 3. To prevent the breach of a contract, the performance of which would not be sp ecifi cally enfo rced ; 4. To prevent the exercise of a public or private office, in a lawful manner, by the person in possession. Time of granting ; service of copy. S EC. 216,' INJUNCTION ; TIME OF GRAN TING ; SERVICE OF COPY .-An injunction may be granted at any time before judgment upon a veri- fied complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor. A copy of the complaint or of the affidavits, up on whi ch the inj un cti on was gra nt ed, must, if not previously se rve d, be se rved there with. Notice. NoTIcE .-No preliminary inj uncti on sh all be gra nted witho ut no tice Preli minar y inj unc- tion ; temporary re- to the opposite party ; nor shall any temporary restraining order straining order. b e granted without notice to the opposite party, unless it shall appear from facts shown by affidavit or by the verified complaint that great or irreparable injury would result to the applicant before the matter can be heard on notice. In c ase a temp orary rest raini ng order shall be granted without notice, in the contingency above specified, the matter shall be made returnable on an order requiring cau se to be shown why the injunction should not be gr an ted on the earliest day that the business of the court will admit of, but not later than ten da ys from the date of su ch order . Proceedings when PARTY OBTAINING ORDER MUST BE READY ; SER VI CE OF COMPLAINT, hearing had. AFFIDAVITS AND POINTS AND AUTHORITIES .-When the matt er fi rst comes up for hearing the party who obtained the temporary restrain- ing order must be ready to proceed and must have served upon the o~pposite par ty at least two d ays prior to su ch he ari ng a co py of the complaint and of all affidavits to be used in such application and a copy of his points and authorities in support of such application ; if he be not ready, or if he shall fail to serve a copy of his complaint, affidavits and points and authorities, as herein required, the court shall disso lve the te mpora ry re strai ning order. Defendant entitled to DEFENDANT ENTITLED TO CONTINUANCE .--The defendant, however, conti nuanc e. shall be entitled, as of course to one continuance for a reasonable perio d, if he de sires it, to en able him to. meet the application for the preliminary injunction . o count er-af fidav its. CoUNrrr x-AFFIDAvIrs .- The defendant m ay, in response to s uch rder to sho w cause, present aff id avi ts relating to the granting of the preliminary injunction, and if such affidavits are served on the applic ant at lea st two day s pri or to the heari ng, the .applicant shall not be entitled to any continuance on account thereof. Prece dence. PRECEDENCE.-On the day upon which such order is made return- able, such hearing shall take precedence of all other matters on the calendar of said da y, except older matter of the same character, and matters to which special precedence may be given by law. Wh en the c ause is at issu e it shall be 'set for trial at the earl iest possi ble date and shall take precedence .of a ll ot her c ases, except older matters of the same character, and matters to which special precedence may be gi ven by law.