Injunction when refused
OF PERPETUAL INJUNCTIONS
An injunction cannot be granted-
to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;
to stay proceedings in a Court not subordinate to that from which the injunction is sought;
to restraint persons from applying to any legislative body;
to interfere with the public duties of any department of the Government, or with the sovereign acts of Foreign Government;
to stay proceedings in any criminal matter;
to prevent the breach of a contract the performance of which would not be specifically enforced;
to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
to prevent a continuing breach in which the applicant has acquiesced;
when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
when the conduct of the applicant on his agents has been such as to disentitle him to the assistance of the Court;
where the applicant has no personal interest in the matter.
Illustrations
A seeks an injunction to restrain his partner, B, from receiving the partner-ship-debts and effects. It appears that A had improperly possessed himself of the books of the firm and refused B access to them. The Court will refuse the injunction.
A manufactures and sells crucibles, designating them as "patent plumbago crucibles", though, in fact, they have never been patented. B pirates the designation. A cannot obtain an injunction to restrain the piracy.
A sells an article called "Mexican Balm," stating that it is compounded of divers rare essences, and has sovereign medicinal qualities. B commences to sell a similar article to which he gives a name and description such as to lead people into the belief that they are buying A's Mexican Balm. A sues B for an injunction to restrain the sale. B shows that A's Mexican Balm consists of nothing but scented hog's lard. A's use of his description is not an honest one and he cannot obtain an injunction.