threatens, or is about to do, or is procuring or suffering some act to be done, in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual; or when such relief, or any part thereof, consists in restraining proceedings upon any final order or judgment,—an injunction may be granted to restrain such act or proceedings until the further order of the court; which may, afterward, be modified upon motion. And when it appears in the complaint at the commencement of the action, or during the pendency thereof by affidavit, that the defendant threatens or is about to remove or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain the removal or disposition of his property.

Corporations and individuals may be enjoined from taking private property until the value thereof is assessed and paid. Sidener v. Norristown Co., 23 Ind. 623; Cox v. Railroad Co., 48 Ind. 178; City v. White, 100 Ind. 206.

If a remedy is provided by law to obtain payment for property taken for a public use the taking of such property can not be enjoined. Smith v. Goodknight, 121 Ind. 312.

Tax-payers of a county may enjoin the county board from doing illegal acts that would tend to increase taxation. Harney v. Railroad Co., 32 Ind. 244; Board v. Markle, 46 Ind. 96.

And may enjoin the payment of illegal claims by the county. Warren Co. v. Barr, 55 Ind. 30.

A complaint to enjoin a county board from making an illegal contract must show that the plaintiff would be injuriously affected. Farris v. Jones, 112 Ind. 498.

If a judgment is rendered upon a statute, the repeal of the statute is no cause for enjoining the collection of the judgment. Joseph v. Burk, 46 Ind. 59.

Injunction will lie to prevent the collection of judgments that are void, but not if only erroneous. Nicholson v. Stephens, 47 Ind. 185; Earl v. Matheny, 60 Ind. 202; Cain v. Goda, 84 Ind. 209.

The enforcement of a satisfied judgment may be enjoined, or where a proper tender has been made. Bowen v. Clark, 46 Ind. 405; Day v. Bowman, 109 Ind. 383.

An officer may be enjoined from making an illegal levy and sale of property under execution. Bank v. Deitch, 83 Ind. 131; Bishop v. Moorman, 98 Ind. 1; Petry v. Ambrosher, 100 Ind. 510; Thomas v. Simmons, 103 Ind. 538; Shanklin v. Sims, 110 Ind. 143; Scobey v. Walker, 114 Ind. 254. See Henderson v. Bates, 3 Blkf. 460.

The collection of illegal taxes may be enjoined. Railroad Co. v. City, 22 Ind. 262; City v. Bearss, 55 Ind. 576; Hobbs v. Board, 103 Ind. 575; Fleener v. Claman, 112 Ind. 288; Balfe v. Lammers, 109 Ind. 347.

If a portion of taxes assessed are legal, such portion must be paid or tendered before the collection of the illegal portion can be enjoined. Board v. Elston, 32 Ind. 27; Brown v. Herron, 59 Ind. 61; Mullikin v. Reeves, 71 Ind. 281; Board v. Dailey, 115 Ind. 360.

The continuing of a nuisance may be prevented by injunction, but great care is exercised in controlling a lawful business. Smith v. Fitzgerald, 24 Ind. 316; Owen v. Phillips, 73 Ind. 284; Bowen v. Mauzy, 117 Ind. 258; Reichert v. Geers, 98 Ind. 73. Injunction lies to prevent the erection of buildings in violation of municipal ordinances. First Nat'l Bank v. Sarlls, 129 Ind. 201.

In case of irreparable injury, and when no other remedy is adequate, injunction lies to prevent the commission of a trespass. Bolster v. Catterlin, 10 Ind. 117; Clark v. Railroad Co., 44 Ind. 248; Thatcher v. Humble, 67 Ind. 444; Erwin v. Fulk, 94 Ind.

235; Pence v. Garrison, 93 Ind. 345; Kyle v. Board, 94 Ind. 115; Town v. Phillips, 110 Ind. 320; Champ v. Kendrick, 130 Ind. 549.

The peaceable possession of lands may be protected by injunction. Central Co. v. State, 110 Ind. 203.

The commission of waste may be prevented by injunction. Dawson v. Coffman, 28 Ind. 220; Knarr v. Conaway, 42 Ind. 260; McCaslin v. State, 44 Ind. 151; Miller v. Shields, 55 Ind. 71; Stout v. Curry, 110 Ind. 514.

Injunction lies to prevent a fraudulent conveyance of property. Morey v. Ball, 90 Ind. 450.

It is not necessary that irreparable injury will result in order to obtain an injunction. If great injury will be caused it will be sufficient. Champ v. Kendrick, 130 Ind. 549. Courts of inferior jurisdiction may be enjoined from exercising powers not conferred by law, but their discretionary powers can not be controlled. English v. Smock, 34 Ind. 115.

Residents of the state may be enjoined from sending claims out of the state for collection contrary to the statutes of this state. Wilson v. Joseph, 107 Ind. 490.

Injunctions only lie to prevent threatened or anticipated acts, and not when the act has been consummated. McGoldrick v. Slevin, 43 Ind. 522; Cox v. Railroad Co., 48 Ind. 178; Cole v. Duke, 79 Ind. 107.

It is a general rule that injunction will not lie when the injury can be fully compensated in damages. Henderson v. Bates, 3 Blkf. 460; Laughlin v. President, 6 Ind. 223; Smith v. Goodknight, 121 Ind. 312.

If the legal remedy is not as full and lies. Thatcher v. Humble, 67 Ind. 444;

adequate as the remedy in equity, injunction Clark v. Railroad Co., 44 Ind. 248; Bishop v. Moorman, 98 Ind. 1; Champ v. Kendrick, 130 Ind. 549.

If relief may be obtained by appeal, or by defense in a suit at law, injunction will not lie. Baragree v. Cronkhite, 33 Ind. 192; Schwab v. City, 49 Ind. 329; Sims v. City, 79 Ind. 446; Hartman v. Heady, 57 Ind. 545; Martin v. Orr, 96 Ind. 27.

Persons by laches may lose their remedy by injunction and be left to seek relief at law. City v. Uhl, 99 Ind. 531.

An injunction may be granted and a judgment for damages rendered in the same action. Bonnell v. Allen, 53 Ind. 130.

A temporary injunction can only be granted in cases provided for in this section. Miller . Shriner, 86 Ind. 493.

A restraining order granted in vacation must be in writing and signed by the judge. Kiser v. Lovett, 106 Ind. 325.

Actions for injunction are not triable by jury. Helm v. Bank, 91 Ind. 44. Temporary injunctions should not be granted without a complaint or affidavit stating facts authorizing the same. College Corner Co. v. Moss, 77 Ind. 139.

1163. (1149.) Application to be verified.-179. In all applications for an injunction, the complaint, or so much thereof as pertains to the acts or proceedings to be enjoined, shall be verified by affidavit. The injunction may be granted at the time of commencing the action, or at any time afterward before judgment in that proceeding.

The complaint must be verified by affidavit. McQuarrie v. Hildebrand, 23 Ind. 122; Ross v. Crews, 33 Ind. 120.

No verification is necessary to a complaint for a perpetual injunction, when no temporary one is asked for. Rich v. Desser, 50 Ind. 309; Sand Creek Co. v. Robbins, 41 Ind. 79; Board v. Markle, 46 Ind. 96; Champ v. Kendrick, 130 Ind. 549.

The objection that the complaint is not verified can not be raised by demurrer. Hall v. Hough, 24 Ind. 273.

1164. (1150.) Notice necessary, unless emergency.-180. No injunction shall be granted until it shall appear to the court or judge granting it that some one or more of the opposite party concerned has had reasonable notice of the time and place of making the application; except that in cases of emergency, to be shown in the complaint, the court may grant a restraining order until notice can be given and hearing thereon.

Temporary restraining orders issued without notice should only run until notice can be given. Wallace v. McVey, 6 Ind. 300; Andrews v. Powell, 27 Ind. 303; City v. Hydraulic Co., 33 Ind. 435; Bronenberg v. Board, 41 Ind. 502.

A temporary order issued in term without notice should not be made to run until the next term. Andrews v. Powell, 27 Ind. 303; City v. Hydraulic Co., 33 Ind. 435.

If the defendant appears and does not object for want of notice, notice will be waived. Hardy v. Donellan, 33 Ind. 501.

Notice will be presumed to have been given when the contrary does not appear. Vance v. Workman, 8 Blkf. 306.

An appeal does not lie from the granting of a temporary restraining order. Railroad Co. v. Huncheon, 16 Ind. 436.

Temporary injunctions may be granted in vacation, and after notice may be continued in force until further order of the court. Bronenberg v. Board, 41 Ind. 502.

1165. (1151.) Affidavits may be read.-181. On the hearing of an application for a restraining order or temporary injunction, each party may read affidavits or documentary or record evidence.

A temporary injunction may be granted on the affidavit of the plaintiff alone. Hardy v. Donellan, 33 Ind. 501.

The rules of evidence in actions for injunctions are the same as in other civil actions. Owen v. Phillips, 73 Ind. 284.

If it appears from the pleadings and evidence that a case is made for investigation by a court of equity, it is proper to grant a temporary injunction. Spicer v. Hoop, 51 Ind. 365.

1166. (1152.) Terms and conditions.-182. Upon the granting or continuing of an injunction, such terms and conditions may be imposed upon the party obtaining it as may be deemed equitable.

1167. (1153.) Bond.-183. No injunction or restraining order shall be granted until the party asking it shall enter into a written undertaking, with surety to be approved by the court or judge, to the adverse party affected thereby, for the payment of all damages and costs which may accrue by reason of the injunction or restraining order.

Injunction bonds should receive a liberal construction. Conner v. Paxson, 1 Blkf. 207. The order for issuing an injunction is conclusive evidence of the approval of the bond. Griffin v. Wallace, 66 Ind. 410.

The name of the surety on the bond need not appear therein. Griffin v. Wallace, 66 Ind. 410.

A bond executed to one defendant will enure to the benefit of all the defendants. Boden v. Dill, 58 Ind. 273.

Defects in bonds issued hereunder are cured by statute. Boden v. Dill, 58 Ind. 273. In a suit on an injunction bond a copy thereof should be filed, but a copy of the rec ord in the injunction suit should not be filed. Cress v. Hook, 73 Ind. 177; Merrifield Weston, 68 Ind. 70.

Damages can only be recovered on the bond for a violation of its conditions. Boden v. Dill, 58 Ind. 273.

When an injunction is wrongfully obtained, the obligee in the bond is entitled to recover full damages. Griffin v. Wallace, 66 Ind. 410; Winship v. Clendenning, 24 Ind.

439.

The merits of the injunction suit can not be investigated in a suit on the bond. Sipe v. Holliday, 62 Ind. 4.

Attorneys' fees in the injunction suit may be recovered as damages in a suit on the bond. Beeson v. Beeson, 59 Ind. 97; Swan v. Timmons, 81 Ind. 243; Robertson v. Smith, 129 Ind. 422.

If the injunction is void for want of jurisdiction in the court, suit will not lie on the bond. Jenkins v. Parkhill, 25 Ind. 473.

A dismissal of an injunction suit is a breach of the conditions of the bond. Swan v. Timmons, 81 Ind 243.

The subsequent obtaining of an injunction will not mitigate the damages in an action on the bond. Swan v. Timmons, 81 Ind. 243.

1168. (1154.) Second bond unnecessary-Exception.-184. When an injunction is granted upon the hearing, after a temporary restraining order, the plaintiff shall not be required to enter into a second written undertaking, unless the former shall be deemed insufficient, but the plaintiff and his surety shall remain liable upon the original undertaking.

1169. (1155.) Copy of order a sufficient writ.-185. It shall not be necessary to issue a writ of injunction, but the clerk shall issue a copy of the order of injunction, duly certified by him; which shall be forthwith served by delivering the same to the adverse party.

A restraining order made in vacation must be in writing and signed by the judge. Kiser v. Lovett, 106 Ind. 325.

Parties to the suit must take notice of a final order of injunction without the service of a copy thereof. Hawkins v. State, 126 Ind. 294.

1170. (1156.) Stay of judgment-Release of errors.-186. In applications to stay proceedings after judgment, the plaintiff shall indorse upon his complaint a release of errors in the judgment whenever required to do so by the judge or court.

The release need not be recited in or indorsed on the complaint, until required by the court. Rich v. Desser, 50 Ind. 309.

1171. (1157.) When and whom binds.-187. An order of injunction shall bind every person and officer restrained, from the time he is informed thereof.

Parties to the suit are bound to take notice of the injunction without service of a copy thereof. Hawkins v. State, 126 Ind. 294.

1172. (1158.) Notice of.-188. When notice of the application for an injunction has been given to the adverse party, it shall not be necessary to serve the order upon him, but he shall be bound by the injunction as soon as the written undertaking required of the plaintiff is executed and delivered to the proper officer.

1173. (1159.) Money on judgment injoined, paid to clerk.-189. Money collected upon a judgment afterward injoined, remaining in

the hands of the collecting officer, shall be paid to the clerk of the court granting the injunction, subject to the order of the court.

1174. (1160.) Order disobeyed, contempt.-190. Whenever it shall appear to any court granting an order of injunction, or judge thereof in vacation, by affidavit, that any person has willfully disobeyed the order, after notice thereof, such court or judge shall award an attachment for contempt against the party charged or a rule to show cause why it should not issue. The attachment or rule shall be issued by the clerk of the court, and directed to the sheriff, and shall be served by him.

An appeal from an order of injunction does not permit the appellant to do an act which by the injunction he is forbidden to do. State v. Chase, 41 Ind 356; Central Co. v. State, 110 Ind. 203; Hawkins v. State, 126 Ind. 294.

Parties may preserve property in litigation without being guilty of a violation of an order preventing an interference with the property. Mowrer v. State, 107 Ind. 539. A special judge may punish a party for violation of an injunction issued by the regular judge. Mowrer v. State, 107 Ind. 539.

1175. (1161.) Service of attachment-Action of court.-191. The attachment for contempt shall be immediately served by arresting the party charged, and bringing him into court, if in session, to be dealt with as in other cases of contempt; and the court shall also take all necessary measures to secure and indemnify the plaintiff against damages in the premises.

1176. (1162.) Bond of party.-192. If the court be not in session, the officer making the arrest shall cause the person to enter into a written undertaking, with surety to be approved by the officer, personally to appear in open court, on the first day of the next term thereof, to answer such contempt, and that he will pay to the plaintiff all his damages and costs occasioned by the breach of the order; and in default thereof he shall be committed to the jail of the county, until he shall enter into such written undertaking with surety, or be otherwise legally discharged.

1177. (1163.) Motion to dissolve or modify.-193. Motions to dissolve or modify injunctions may be made in open court, at any time after the adverse party has had reasonable notice.

When on demurrer the entire complaint is held bad, a temporary injunction, previously granted, should be dissolved. Clark v. Noblesville, 44 Ind. 83.

If all the allegations of the complaint for an injunction are denied and supported by affidavits, the injunction should be dissolved. Rayle v. Railway Co., 32 Ind. 259; Ogle v. Dill, 55 Ind. 130.

An answer of denial under oath does not necessarily have the effect of dissolving the injunction. Spicer v. Hoop, 51 Ind. 365; Edwards v. Applegate, 70 Ind. 325.

The refusal to dissolve a restraining order can not be made error on an appeal from granting a perpetual injunction. Heagy v. Black, 90 Ind. 534.

1178. (1164.) Damages on dissolving.-194. When an injunction to stay proceedings after judgment for debt or damages shall be dissolved, the court shall award such damages, not exceeding ten per cent. on the judgment, as the court may deem right, against the party in whose favor the injunction issued.