CURIOSITIES OF THE LAW-MANDATORY INJUNCTIONS IN THE DOUBLE NEGATIVE

Authors

Abstract

The ridiculous practice of framing mandatory injunctions in the double negative seems to have originated in the famous case of Lane v. Newdigate. The bill was filed by a tenant of a water power mill against his landlord, who owned other lands upon the mill stream, to enforce covenants in the lease, praying specifically that defendant be decreed to remove certain locks which he had erected and restore certain gates and canals which he had destroyed or failed to keep in repair. The case came before Lord Eldon on a motion for a temporary injunction, which was heard ex parte. His Lordship is reported to have at first "expressed a difficulty, whether it is according to the practice of the court to decree or order repairs to be done," but upon further consideration, said, "I think I can direct it in terms which will have that effect." The order which he pronounced required the repairs to be made but was couched in a series of double negatives which made it very difficult to understand. It would be a gem of judicial obfuscation if it had not become commonplace.

Recommended Citation

CURIOSITIES OF THE LAW-MANDATORY INJUNCTIONS IN THE DOUBLE NEGATIVE, 25 Mich. L. Rev. 169 (1926).
Available at: https://repository.law.umich.edu/mlr/vol25/iss2/5