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2021 North Dakota Century Code
Title 32 - Judicial Remedies
Chapter 32-05 - Preventive Relief

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CHAPTER 32-05 PREVENTIVE RELIEF 32-05-01. When preventive relief given. Preventive relief may be given in the cases specified in this chapter and in no other cases. 32-05-02. Preventive relief not given to enforce penal law. Preventive relief cannot be granted to enforce a penal law, except in a case of nuisance, nor to enforce a penalty or forfeiture in any case. 32-05-03. How preventive relief given. Preventive relief consists in prohibiting a party from 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 this chapter, a final injunction may be granted to prevent the breach of an obligation existing in favor 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 would afford adequate relief; 3. When the restraint is necessary to prevent a multiplicity of judicial proceedings; or 4. 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 the injunction is demanded, unless such restraint is necessary to prevent a 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 benefit. 5. To prevent the breach of a contract, the performance of which could not be specifically enforced. 6. To prevent the exercise of a public or private office in a lawful manner by the person in possession. 7. To prevent a legislative act by a municipal corporation. Page No. 1
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