PRETRIAL ADJUDICATION
...Injunctions
......Types of Injunctions
.........Substance Governs Effect
3 Cards On This Topic:
  • Substance, not form, of injunction determines whether mandatory (compels performance of affirmative act) or prohibitory (requires party to refrain from particular act).
  • Injunctive order compelling affirmative action on part of defendant is mandatory in effect, although form of order may purport to be prohibitive.
  • Injunction against using loan proceeds already spent not appropriate legal remedy as it had effect of granting creditor prejudgment attachment on debtor’s liquid assets without meeting reqs of attachment statute.