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32-05 Preventive Relief

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CHAPTER 32-05PREVENTIVE RELIEF32-05-01. When preventive relief given. Preventive relief may be given in the casesspecified in this chapter and in no other cases.32-05-02. Preventive relief not given to enforce penal law. Preventive relief cannotbe granted to enforce a penal law, except in a case of nuisance, nor to enforce a penalty or<br>forfeiture in any case.32-05-03. How preventive relief given. Preventive relief consists in prohibiting a partyfrom doing that which ought not to be done. It is granted by injunction, temporary or final.32-05-04.When final injunction granted. Except when otherwise provided by thischapter, a final injunction may be granted to prevent the breach of an obligation existing in favor<br>of the applicant:1.When pecuniary compensation would not afford adequate relief;2.When it would be extremely difficult to ascertain the amount of compensation which<br>would afford adequate relief;3.When the restraint is necessary to prevent a multiplicity of judicial proceedings; or4.When the obligation arises from a trust.32-05-05. When injunction not granted. An injunction cannot be granted:1.To stay a judicial proceeding pending at the commencement of the action in which<br>the injunction is demanded, unless such restraint is necessary to prevent a<br>multiplicity of such proceedings.2.To stay proceedings in a court of the United States.3.To stay proceedings in any other state upon a judgment of a court of that state.4.To prevent the execution of a public statute by officers of the law for the public<br>benefit.5.To prevent the breach of a contract, the performance of which could not be<br>specifically enforced.6.To prevent the exercise of a public or private office in a lawful manner by the person<br>in possession.7.To prevent a legislative act by a municipal corporation.Page No. 1Document Outlinechapter 32-05 preventive relief