Date of Award

1931

Degree Type

Thesis

Abstract

No maxim is more firmly rooted in English and American
jurisprudence than the one which, given a free translation,
decries that, "no wrong shall exist without a remedy."
In conformity with the spirit of this ancient maxim, when
the English Lord Chancellors of former times found the
common-law writs inadequate to redress particular
grievance, they invented an extraordinary remedy
to which they afterwards frequently resorted, but
cautiously, to meet the exigencies of such cases as
they arose, to prevent hardship and injustice. They
viewed such extraordinary forms of relief very much
as the medical profession does poisonous antidotes,
to be administered only in extermis, or after ordinary
treatment has been tried without success. This view still
prevails to some extent, but the use of some of the forms
of extraordinary relief has been in many jurisdictions
considerably enlarged and extended by statutes.

The common-law definition of injunction as given by an able
exponent of jurispruderce it would be difficult to improve
upon, and requires but little or no modification:: "A writ
framed according to the circumstances of the case commanding
an act which the court regards essential to justice, or
restraining an act which it esteems contrary to equity and
good conscience."

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