Home1860 Edition

INTERDICTION

Volume 12 · 306 words · 1860 Edition

a term used in the law of England; for example, a party in a suit in Chancery, to stay some waste or to stop proceedings in law, may pray for an injunction, in the nature of an interdictum by the civil law, commanding the defendant to cease. In Scotland, where a prosecutor sues to prevent his adversary doing something alleged to be illegal he asks for interdict; and if it is required, pending the suit, it is called interim interdictum. This remedy may be granted against all alleged encroachments of almost every kind. If a neighbour be removing a mutual fence or boundary, or if any person attempts to sell property under a title alleged to be bad, or to carry off effects sequestrated or hypothecated for behoof of another, he may not only be sued for permanent interdict against doing so, but for interim interdict pending the suit. In all legal discussions regarding property the party in possession is generally entitled to have interim interdict till the question of right be decided; and it is thus quite common for a party to obtain an interim interdict who is ultimately denied a permanent one. The rule for granting the interim interdict seems to be, that provided the party applying for it sets forth both a title and an interest to obtain it, it should be given, wherever, assuming his representations to be well-founded, he would be injured if it were withheld. It is then granted at his peril, so that he is liable in damages to his opponent if he fail in the end to prove that he was in the right. When the propriety of granting interim interdict is in some degree doubtful, it is frequently granted on caution for damages to the opposite party, if it turn out to have been applied for wrongfully.