PRETRIAL ADJUDICATION
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Injunctions
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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.