§ 65.011.Grounds Generally

The general grounds, and the phrase to watch is "irrespective of any remedy at law".

The applicant is entitled to the relief demanded and all or part of the relief requires the restraint of some act prejudicial to the applicant. The general case, and it presupposes an entitlement established elsewhere.

A party performs or is about to perform, or is procuring or allowing the performance of, an act relating to the subject of pending litigation, in violation of the applicant’s rights, and the act would tend to render the judgment ineffectual.

That is the preservation ground, and it is why a court can stop a defendant destroying or disposing of the thing the case is about.

"Procuring or allowing" reaches indirect conduct, so a party cannot achieve through another what they could not do directly.

The applicant is entitled to a writ under the principles of equity and the statutes of this state relating to injunctions.

This ground is a doorway rather than a test. It carries in the whole equitable jurisdiction, and it is the ground most injunctions rest on.

The fourth and fifth grounds are the distinctive ones.

A cloud would be placed on the title of real property sold under an execution against a party having no interest in it at the time of sale, irrespective of any remedy at law.

Irreparable injury to real or personal property is threatened, irrespective of any remedy at law.

Those five words remove the central equitable barrier. Ordinarily an injunction requires that damages be inadequate; on these two grounds the existence of a legal remedy is beside the point.

The legislative judgment is that property is different. A cloud on title and threatened irreparable injury to property are harms the law treats as unsuited to compensation, and the applicant need not argue the point.