Page:United States Statutes at Large Volume 76A.djvu/394

–298– -298§ 304. Affidavit stating incorrect value; judgment against officer or sureties When, in an action to recover the possession of personal property, the person making an affidavit did not truly state the value of the roperty, and the officer taking the property or the sureties on a and or undertaking are sued for taking it, the officer or sureties may in their answer set up the true value of the property, and that the person in whose behalf the affidavit was made was entitled to the possession of the property when the affidavit was made, or that the value in the affidavit stated was inserted by mistake, the court shall disregard the value as stated in the affidavit, and give judgment according to the right of possession of the property at the time the affidavit was made.

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Subchapter III—Injunctions § 321. Injunction defined; grant and enforcement An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the district court, or the judge thereof, in any action brought in that court; and when granted by the judge, it may be enforced as an order of the court. § 322. Grounds for grant or denial of in junction (a) An injunction may be granted when: (1) it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually; (2) it appears by the complaint or affidavits that the commission or continuance of an act during the litigation would produce waste, or great or irreparable injury, to a party to the action; (3) it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, an act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual; (4) pecuniary compensation would not afford adequate relief; (5) it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief: (6) the restraint is necessary to prevent a multiplicity of judicial proceedings; or (7) the obligation arises from a trust. (b) An injunction may not be granted to: (1) stay a judicial proceSling pending at the commencement of the action in which the injunction is demanded, unless the restraint is necessary to prevent a multiplicity of proceedings; (2) prevent the execution of a public statute by officers of the law for the public benefit; (3) prevent the breach of a contract, the performance of which would not be specifically enforced; or (4) prevent the exercise of a public or private office, in a lawful manner, by the person in possession.

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