I N J 
grounded upon an interlocutory order or decree out of 
the court of chancery or exchequer on the equity fide, to 
flay proceedings in courts at law; and fometimes it is 
iffued to the fpiritual courts. Weft Symb. fell. 25. It is 
likewife fometimes ufed to give poileffion to a plaintiff, 
for want of the defendant’s appearance; and may be 
granted by the chancery or exchequer to quiet poffeffion 
ef lands. An injunction is ufually granted for the pur- 
pofe of preferving property in difpute pending a l'uit; as 
to reftrain the defendant from proceeding at the common 
law againft the plaintiff, or from committing wafte, or 
doing any injurious art. Mitford's Treatife on Chancery 
Pleadings. 
A court of equity will prevent the affertion of a doubt¬ 
ful right in a manner productive of irreparable injury. 
Therefore, where the tenants of a manor, claiming a right 
of eftovers, cut down a quantity of growing timber 
of great value, their title being doubtful, the court enter¬ 
tained a bill at the fuit of the lord of the manor to reftrain 
this affertion of it; and, indeed, the commiffipn of wafte 
of every kind, as the cutting of timber, pulling down of 
houfes, ploughing of ancient pafture, working of mines, 
and the like, is,a very frequent ground for the exercife 
of the jurifdirtiop of courts of equity, by reftraining the 
wafte till the rights of the parties are determined. The 
courts of equity feem to have proceeded upon a fimilar 
I N J 
59 
If an attorney proceeds at law, after he is ferved with 
an injunction to flay proceedings, on affidavit made there¬ 
of, interrogatories are to be exhibited againft him, to 
which he rnuft anfwer on oath ; and, if it.appears that he 
was duly ferved with the injunction, and hath proceeded 
afterwards contrary thereto, the court of chancery will 
commit the attorney to the Fleet for the contempt. 2 Lill. 
Abr. 64. But if an injunction be granted by the court of 
chancery in a criminal matter, the court of K. B. may 
break it, and protert any that proceed in contempt of it. 
Mod. Caf. 16. But a court of law will take fuch notice of 
an injunction, that the defendant fnall have no advantage 
againft the plaintiff for not proceeding within the time 
allowed by the rules of the court, if the delay was occa- 
fioned by the defendants obtaining an injunction. 2 Burr. 
660. 
If a caufe at law be at iffue, the injunction may give 
leave to go to trial, and (lay execution, &c. The writ of 
injunction is direrted to the party proceeding, “and ro all 
and fingular their counfellers, attorneys, and l'olicitors 
whofoever;” and concludes, injoining , “ We command 
that you, and each of you, delift from all further profe- 
cution whatever at common law, for or concerning any 
matters in the complaint contained, under pain,” &c. 
To INJURE, v. a. [injurier, Fr. injuria, Lat.] To hurt 
unjuftly; to mifehief undefervedly ; to wrong.—TheyA- 
principle in the very common cafes of perfons claiming jure by chance in a crowd, and without a defign ; then 
copy-right of printed books, and of patentees of alleged 
inventions; in reftraining the publication of the book at 
the fuit of the owner of the copy, and the ufe of the fup- 
pofed invention at the fuit of the patentees. But in both 
thefe cafes the bill ufually feeks an account, in 6ne of 
the books printed, and the other of the profits arifen from • Left heat lliould injure us, his timely care 
the ufe of the invention; and, in all the cafes alluded to. Hath unbefought provided, 
it is frequently, if not conftantly, made a part of the 
prayer of the bill, that the right if difputed, and capable 
of trial in a court of common law, may be there tried 
and determined under the direftion of the court of equi¬ 
ty; the final objeft of the bill being a perpetual injunftion 
to reftrain the infringement of the right claimed by the 
plaintiff. Mitford's Treatife. 
In many cafes, the courts of ordinary jurifdirtion admit, 
at leaft for a certain time, of repeated attempts to litigate 
the fame queftion. To put an end to the opprefiion oc- 
eafioned by the abufe of this privilege, the courts of 
equity have affumed a jurifdirtion. Thus, artions of 
ejedtment having become the ufual mode of trying titles 
at the common law, and judgment in thofe artions not 
being in any degree conclufive, the courts of equity have 
interfered; and, after repeated trials, and fatisfartory de¬ 
terminations of queltions, have granted perpetual injunc¬ 
tions to reftrain further litigation; and have thus, in 
fome degree, impofed that reftraint in perfonal, which is 
the policy of the common law in real, artions. Bath (E) 
v. Sherwin. Leighton v. Leighton. Bro. P.C. 1 P. Wms. 671. 
See the article Ejectment, vol. vi. 
When a. bill in chancery is filed in the office of the fix 
clerks, if an injunction be prayed therein, it may be had 
at various ftages of the caufe, according to the circum- 
ftances of the cafe. If the bill be to ftay execution upon 
an oppreffive judgment, and the defendant does not put 
in his anfwer within the ftated time allowed by the rules 
of the court, an injunrtion will iffue of courfe ; and, when 
the anfwer comes in, the injunrtion can only be conti¬ 
nued upon a fufficient ground appearing from the anfwer 
itfelf. But if an injunrtion be wanted to ftay wafte, or 
other injuries of an equally urgent nature, then upon the 
—j — - —1 ---- -7 — r —" j > 
filing of the bill, and a proper cafe fupported by affidavits , fered. Hayward. 
hate always whom they have once injured. Temple. 
Forgivenefs to the injur'd doth belong; 
But they ne’er pardon who commit the wrong. Dryden . 
To annoy; to affert with any inconvenience : 
Milton. 
INSURER, f. He that hurts another unjuftly; one 
who wrongs another.—The upright judge will counte¬ 
nance right, and difcountenance wrong, whoever be the 
injurer or the fufferer. Atterbury. 
IN'JURING, f. The art of doing wrong to. 
INJURIOUS, adj. [from injury, injurius, Lat. injurieux, 
Fr.] Unjuft ; invafive of another’s rights: 
Injurious ftrength would rapine ftill excufe. 
By off’ring terms the weaker mult refufe. Dryden. 
Guilty of wrong or injury: 
Yet beauty, though injurious, hath ftrange power. 
After offence returning, to regain 
Love once poffeft. Milton. 
Mifchievous; unjuftly hurtful.—Our repentance is not 
real, becaufe we have not done what we can to undo our 
fault, or at leaft to hinder the injurious confequences of it 
from proceeding. Tillotfon. —Detrartory; contumelious; 
reproachful; wrongful.—If injurious appellations were of 
any advantage to a caufe, what appellations would thole 
deferve who endeavour to fow the feeds of fedition ? Swift. 
INJURIOUSLY, adv. Wrongfully; hurtfully ; with 
injuftice ; with contumely.—Nor ought he to neglect the 
vindication of his chararter, when it is injurioujly attacked. 
Pope and Gay. 
INJU'RIOUSNESS, f. Quality of being injurious.— 
Some mifearriages might elcape, rather through hidden 
neceffities of ftate, than any propenfity either to injurioif- 
nej's or opprefiion. King Charles. 
IN'JURY, f. \_injuria, Lat. injure, Fr.] Hurt without 
juftice.—The places were acquired by juft title of vic¬ 
tory ; and therefore in keeping of them no injury was of» 
the court will grant an injunrtion immediately, to con. 
tinue till the defendant has put in his anfwer, and till the 
court lhall make fome further order concerning it: and 
when the anfwer comes in, whether it lhall then be dif- 
folved, or continued till the hearing of the caufe, is* de¬ 
termined by the court upon argument, drawn from con- 
fidering the anfwer and affidavits together, 3 Comm. 443, 
Riot afeends above their loftieft tow’rs, 
And injury and outrage. 
Milton. 
Mifehief; detriment.—Many times we do injury to a caufe 
by dwelling upon trifling arguments. Watts’s Logic .—An¬ 
noyance.'—Great injuries mice and rats do in the fields. 
Mortimer. —Contumelious language ; reproachful appella¬ 
tion. 
