KFLCC Kingdom Law 2nd Ed.

626

INHIBITION

INJUNCTION

Iniquum est ingennis hominibns noa esse liberam rerun snarum alienation em. It is unjust that freemen should not have the free disposal of their own property. Co. Litt. 223a; 4 Kent, Comm. 131; Hob. 87. INITIAX. That which begins or stands at the beginning. The first letter of a man's name. See Elberson v. Richards, 42 N. J. Law, 70. —Initial carrier. In the law of bailments. The carrier who first receives the goods and begins the process of their transportation, aft erwards delivering them to another carrier for the further prosecution or completion of their journey. See Beard v. Railway Co., 79 Iowa, 527, 44 N. W. 803. In Scotch law. Preliminaries of testimony. The pre> liminary examination of a witness, before examining him in chief, answering to the voir dire of the English law, though taking a somewhat wider range. Wharton. INITIATE . Commenced; inchoate. Curtesy initiate is the interest which a hus band has in the wife's lands after a child is born who may inherit, but before the wife dies. INITIATIVE. In French law. The name given to the important prerogative con ferred by the charte constitutionnelle, article 16, on the late king to propose through his ministers projects of laws. 1 Toullier, no. 39. INJUNCTION. A prohibitive writ is sued by a court of equity, at the suit of a party complainant, directed to a party de fendant in the action, or to a party made /a. defendant for that purpose, forbidding the latter to do some act, or to permit his serv ants or agents to do some act, which he is threatening or attempting to commit, or re straining him in the continuance thereof, such act being unjust and inequitable, in jurious to the plaintiff, and not such.as can be adequately redressed by an action at law U. S. v. Haggerty (C. C.) 116 Fed. 515; Du pre v. Anderson, 45 La. Ann. 1134, 13 South. 743; City of Alma v. Loehr, 42 Kan. 368, 22 Pac. 424. An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a judge thereof, and when made by a judge it may be enforced as an order of the court. Code Civ. Proc. Cal. § 525. — Final injunction. A final injunction is one granted when the rights of the parties are determined; it may be made mandatory, (com manding acts to be done,) and is distinguished from a preliminary injunction, which is con fined to the purpose and office of simple preven tion or restraining. Southern Pac R. Co. v. Oakland (C. C.) 58 Fed. 54.— Mandatory in junction. One which (1) commands the de fendant to do some positive act or particular INITIAIilA TESTIMONII.

INHIBITION. In ecclesiastical law. A writ issuing from a superior ecclesiastical court, forbidding an inferior judge to pro ceed further in a cause pending before him. In this sense it is closely analogous to the writ of prohibition at common law. Also the command of a bishop or ecclesias tical judge that a clergyman shall cease from taking any duty. In Scotch law. A species of diligence or process by which a debtor is prohibited from contracting any debt which may be come a burden on his heritable property, in competition with the creditor at whose in stance the inhibition is taken out; and from granting any deed of alienation, etc., to the prejudice of the creditor. Brande. In the civil law. A prohibition which the law makes or a judge ordains to an indi vidual. Hallifax, Civil Law, p. 126. —•Inhibition against a wife. In Scotch law. A writ in the sovereign's name, passing the signet, which prohibits all and sundry from having transactions with a wife or giving her credit. Bell; Ersk. Inst. 1, 6, 26. INHOC. In old records. A nook or cor ner of a common or fallow field, inclosed and cultivated. Kennett, Par. Antiq. 297, 298; Cowell. INHONESTUS. In old English law. Unseemly; not in due order. Fleta, lib. 1, c. 31, § a INHUMAN TREATMENT. In the law of divorce. Such barbarous cruelty or se verity as endangers the life or health of the party to whom it is addressed, or creates a well-founded apprehension of such danger. Whaley v. Whaley, 68 Iowa, 647, 27 N. W. 809; Wells v. Wells, 116 Iowa, 59, 89 N. W. 98; Cole v. Cole, 23 Iowa, 433; Evans v. Evans, 82 Iowa, 462, 48 N. W. 809. The phrase commonly employed in statutes is "cruel and inhuman treatment," from which it may be inferred that "inhumanity" is an extreme or aggravated "cruelty." Iniquissima pax est anteponenda jus tissimo hello. The most unjust peace is to be preferred to the justest war. Root v. Stuyvesant, 18 Wend. (N. Y.) 257, 305. INIQUITY. In Scotch practice. A tech nical expression applied to the decision of an inferior judge who has decided contrary to law; he is said to have committed iniquity. Bell. Iniqnnnt est alios permittere, alios in hibere meroatnram. It is inequitable to permit some to trade and to prohibit others. 3 Inst. 181. Iniquum est aliquem rei sni esse ju dicem. It is wrong for a man to be a judge in his own cause. Branch, Princ.; 12 Coke, 113.