1778-07-11 (static/transcriptions/1778/07/020.jpg)

1778. 3 Term. [Saturday] July 11.

Injunction, should not Issue to stay execution on a Judgment, untill hearing of the Cause in Equity, and untill further Order, is an invention of this Court to prevent injunctions being used only for delay, without any real grounds for releif in Equity, which is an abuse of Courts of Equity which prevails in England, and especially in the Court of Exchequer. We mean by it, to make the Complainant in Equity, swear to the facts in his Bill, on which he founds his claim for releif in Equity; and on the Shewing Cause against this, we mean, that the Plaintiff at Law, Defendant in Equity, should be liberty if he can to shew that those allegations are utterly groundless, but if he can not, then the Injunction goes. We have some times, when the ground for Equity shewn by the Complainant in Equity appear’d very slight obliged him to pay the money recover’d at Law into Court, as the best security to the Party, that if, on the hearing, he should not appear to be intituled to releif against the Recovery
/ at