Grant of Injunctions in Discretion of Court; Power to Be Exercised Cautiously

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The granting and continuing of injunctions shall always rest in the sound discretion of the judge, according to the circumstances of each case. This power shall be prudently and cautiously exercised and, except in clear and urgent cases, should not be resorted to.

(Orig. Code 1863, § 3141; Code 1868, § 3153; Code 1873, § 3220; Code 1882, § 3220; Civil Code 1895, §§ 4902, 4920; Civil Code 1910, §§ 5477, 5497; Code 1933, § 55-108.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 42 Am. Jur 2d, Injunctions, §§ 23 et seq., 323 et seq.

14 Am. Jur. Pleading and Practice Forms, Injunctions, § 4.

C.J.S.

- 43A C.J.S., Injunctions, §§ 19, 24 et seq., 369.

ALR.

- Power to modify permanent injunction, 68 A.L.R. 1180; 136 A.L.R. 765.

Power of equity to require acceptance of damages in lieu of injunctive relief asked, 105 A.L.R. 1381.


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