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Injunctions To Restrain Threatened Or Impending Criminal Prosecutions, Frederick G. Hamley

Washington Law Review

The general rule is always stated to be that an injunction will not be granted to stay criminal or quasi-crininal proceedings. The original basis of the rule, it is quite generally agreed, was founded upon the theory that to sustain a bill in equity to restrain or relieve against proceedings for the punishment of offenses would constitute an invasion of the law courts. This theory was the natural outgrowth of the lack of relation between equity and law courts as they formerly existed in England. With the gradual ebb in the jealousies and antagonisms between courts of law and of …