Purposes for which injunction prohibited.

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21-8-2. Purposes for which injunction prohibited.

An injunction cannot be granted:

(1)To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless such restraint is necessary to prevent a multiplicity of such proceedings;

(2)To stay proceedings in a court of the United States;

(3)To stay proceedings in another state upon a judgment of a court of that state;

(4)To prevent the execution of a public statute, by officers of the law, for public benefit;

(5)To prevent the breach of a contract, the performance of which would not be specifically enforced;

(6)To prevent the exercise of a public or private office in a lawful manner, by the person in possession;

(7)To prevent a legislative act by a municipal corporation;

(8)To enforce a penal law, except in case of nuisance or except when specifically authorized by statute;

(9)To enforce a penalty or forfeiture in any case.

Source: CivC 1877, §§1990, 2017; CL 1887, §§4623, 4650; RCivC 1903, §§2335, 2362; RC 1919, §§2031, 2035; SDC 1939 & Supp 1960, §37.4302; SL 1978, ch 155, §6.


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