2. When certain masters

junctions.

petition; but that in the absence of the Chancellor, may grant in such master permanently residing in the city of NewYork, and such master permanently residing in the city of Albany, and such master permanently residing in or near the village of Utica, in the county of Oneida, as the Chancellor shall for that purpose, by order, designate; or if such designation shall not have been made, or the master at any of the said places so designated shall die, or be incapable by reasons of sickness or other contingency of acting, or absent from the city or place in which he resides; then the senior master permanently residing in such city, and the master residing in or nearest to the village of Utica, in the county of Oneida, shall respectively exercise the power of certifying that writs of injunction to stay proceedings at law, or of writs of ne exeat ought to issue ;(c) and that the defendant may as well before as after answer, on due notice, and upon the matter of the bill only, move the Chancellor for a dissolution of the injunction.(d)

S. After verdict, the a

and of costs,

sited.

And it is further provided by the 42d rule of court, mount thereof, that an injunction shall not issue to stay proceedings must be depo- at law, in any personal action in which a verdict shall have been given, unless a sum of money, equal to the amount for which the verdict was given, with costs of suit, shall be first deposited by the party praying such injunction; and that no injunction shall issue to stay proceedings at law, in any mixed action after verdict, unless the party praying the same shall deposit such sum of money, as shall be at least equal to the costs of the plaintiff accrued in such suit.(e)

4. To stay a trial at law,

And it is further provided by the 43d rule of court, when injunc- that whenever a cause shall be at issue in any court of

tion to be ta

ken out, and common law, no injunction shall issue to stay a trial at

what deposit to

be made.

(c) Rule 41,

(d) Rule 75.

(e) Rule 42.

law, unless such injunction shall have been actually taken out thirty days previous to the sitting of the court, in the county in which the trial is to be had, unless special cause be shown to the Chancellor, or unless it shall appear to the master, certifying that an injunc tion is proper, that the cause for issuing such an in← junction has arisen within thirty days, and the bill was filed, and the injunction applied for, within a reason<< able time after the complainant was apprised of the circumstance on which his application is founded, and in such case, an injunction shall not issue, unless the person applying for it shall deposit one hundred dol lars, to be taken out of the court in the whole or in part by the defendant in equity, as the court shall order, on motion, as a compensation for the charge and expense of preparing for the trial at law, if it shall appear that such party has been improperly delayed.(ƒ) After an injunction is allowed by the Chancellor or master, as we have before stated, an order must be entered with the register or assistant register for that pur- ter before inpose; the clerk will then grant the process on receiv-" ing a certified copy of the order, but not without, as was heretofore done on the bill being produced to him, with the allowance endorsed. But still in cases of great urgency, and where the delay would be injurious, the clerk may, in his discretion, issue the injunction, and receive the order from the register afterwards upon which it was grounded.

5. Order to

be entered with

the register or assistant regis

junction issues.

thereon.

An injunction will not be granted to stay a sale un- 6. Decisions der an execution, on the ground that the judgment has been fully paid and satisfied, for the party has a prompt and adequate remedy at law.(g)

(f) Rule 49.

Nor will it

(5) Lansing v. Eddy, 1 Johns. Chan, Rep. 49.

be granted on the charge of usury, and the party seeks a discovery of the usury, and a return of the excess be yond the lawful interest, for the usury would have been a good defence at law and no reason was given, why the defendant did not seek the discovery while the suit at law was pending.(h) Chancery will not relieve against a judgment at law, unless the defendant was ignorant of the fact in question pending the suit, or it could not be received as a defence.(i) When a court of common law, after a full consideration of all the circumstances of the case, refused to allow two judgments to be set off, this court refused to sustain a bill filed for an injunction and a set off; but this was reversed in the Court of Errors.(j)

An injunction will not be granted to stay proceedings at law on a judgment, on the ground that the defendant at law was prevented by public business from making due preparations for and attending at the trial, and that the plaintiff had, on the evidence of the witness whom he bad suborned to swear falsely, recovered a verdict for a much larger sum in damages than he was justly entitled to, and that the Supreme Court had refused to grant a new trial in the cause.(k)

The cases of relief in equity against judgments at law, are when the fraud goes to the whole judgment, and not to the mere excess of damages.

An injunction will not be granted to stay proceedings at law, on a bill for discovery on a charge of usury, unless the plaintiff tenders to bring into court

(h) Lansing v. Eddy, 1 Johns. Chan. 91. 14 Johns. Rep. 63. Rep. 49

(i) Ibid.

(j) Simpson v. Hart, 1 Johns. Ch, Rep.

(k) Smith & Mead v. Lowry, 1 Johns, Chan. Rep. 380.

the money actually lent, and the lawful interest thereon.(1)

The court will not grant an injunction to stay an action at law on an award, on the ground that the plaintiff was surprised, by the principal witness for the defendant swearing falsely before the arbitrators.(m)

Where a defendant in action at law, has not used due diligence in making his defence, or applying for a discovery, he cannot, after a verdict against him, obtain the aid of the court of Chancery to stay the proceedings at law. (n)

A court of Chancery will not sustain a bill of discovery and injunction, merely to procure such admission by the party, as might be read in mitigation of damages in an action of trespass at law, unless perhaps in very special cases.(o)

In injunction causes, where the title at law is admitted, or no discovery is sought for, to aid a defence at law, an injunction will be granted upon terms only, so as to leave the party to proceed to trial and judgment at law.(p)

Relief will not be granted for the purpose of new trial at law, where the party lost his opportunity of defence by his own negligence.(q)

Where a rule for a new trial was granted by the Supreme Court, on conditions which the party failed to perform, within the time prescribed by the rule, this court refused its aid, it not appearing that the failure

(1) Rodgers v. Rathbun, 1 Johns. Ch. Rep. 367.

(m) Tupper and another v. Powell and others, 1 Johns. Chan. Rep. 439.

(n) Barker v. Elkins & Simpson, 1 Johns. Chan. Rep. 465.

(0) Gelston & Schenck v. Hoyt, 1 Johns. Chan. Rep. 543.

(p) Ham v. Schuyler and others, 2 Johns. Chan. Rep. 140.

(q) Dodge and others v. Strong, 2 Johns. Chan. Rep. 228,

arose from the act of the opposite party, or from unavoidable necessity.(r)

A bill of peace to prevent litigation at law, is allowed only in case the plaintiff has satisfactorily established his right at law, or where the persons who controvert the right, are so numerous as to render an issue under the directions of the court, necessary to bring in all the parties concerned, and to prevent a multiplicity of suits.(s)

II. To restrain the infringement of patents.

An injunction may be obtained to restrain the infringement of patents; as where persons get a patent, and have been, in possession of it, (a sale of the invention is considered as possession,) an injunction will be issued against a person invading it, until the right is tried at law; and this, although the Chancellor may be doubtful whether the patent is good.(a)

III. To stay waste.

Injunctions to stay waste, are very frequently applied for in Chancery, and a mere threat to commit waste, is sufficient to ground an injunction upon; it not being necessary for the plaintiff to wait till the waste is actually committed.(a)

An injunction to stay waste, will be granted though there is no suit pending, and though no action at law can be maintained against the tenant.(b)

(r) Dodge and others v. Strong, 2 Jolins. Chan. Rep. 228.

(8) Eldridge v. Hill & Murray, 2 Johns. Chan. Rep. 281.

(a) 14 Ves. 130.

(a) 1 Mad. 114. Gibson v. Smith, 2 Atk. 183.

(b) Kane v. Vandenburgh and others, 1 Johns. Chan. Rep. 11,