INITIAL

A Law Dictionary · 1910 · p. 13
That which begins or stands at the beginning. The first letter of a man's name. See Elberson v. Richards, 42 N. J. Law, 70. -Initial carrier. In the law of bailments. The carrier who first receives the goods and begins the proce of their transportation, aft• erwards delivering them to another carrier for the further prosecution or completion of thetr journey. See Beard v. Railway Co., 79 Iowa, 527, 44 N. W. 803. INITIAL I A TESTIMONn. In Scotch law. Preliminaries of testimony. The preliminary examination of a witne , before examining him in chief, answering to the wir dire of the English law, though taking a somewhat wider range. Wharton.. IN I TI A T E. Commenced; inchoate. Ourtesy initiate is the interest which a husband has in the wife's lands after a child is born who may inherit, but before the wife dies. INITIATIVE, In French law. The name given to the important prerogative coaferred by the charte constitutionnell,e, article ·16, on the late king to propose through his ministers projet!ts of laws. 1 Toullier, no. 39. INJUNCTION, A prohibitive writ i ued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act, which he is threatening or attempting to commit, or restraining him in the -continuance thereof, such act being unjust and inequitable, injurious to the plaintiff, and not such as can be adequately redre ed by an action at law. U. S. v. Haggerty (C. C.) 116 Fed. 515; Dupre v. A1derson, 45 La. Ann. 1134, 13 South. 743; City of Alma v. Loehr, 42 Kan. 368, 22 Pac. 424. An injun.ctiouis a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a 'judge thereof, and when made by a judge it may be enforced as an order of the court. Code Civ. Proc. Cal. § 525. -Final injunotion. A final injunction is one granted when the rights of the parties are determined; it may be made mandatory, (oom• mantling acts to be done,) and is distingmshed from a preliminary injunction, which is con• fined to the purpose and office of simple preven• tion or restraining. Southern Pac. R. Oo. v. Oakland (0.· C.) 58 Fed. 54.--M:and at or,' ID.• Junction. One which (1) commands the dea· fendallt to do some positive act or particular [s. 632]
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