Notice to defendant of preliminary injunction.
Section 168
SEC. 168. Notice to defendant of preliminary injunction. — The injunction hereinbefore provided may be granted ex parte on the application of the plaintiff, on the conditions before stated, but if the judge to whom application is made for the granting of the injunction deems it just that the defendant should be heard before granting the injunction, an order may be made requiring cause to be shown, at a specified time and place, why the injunction should not be granted, and the defendant may then and there be heard and the injunction may be granted or refused as justice shall require. If upon such hearing it should be made to appear to the satisfaction of the court that the plaintiff is entitled to the injunction, but that the issuance thereof pending the litigation would entail great damage upon the defendant, and that the plaintiff could be fully compensated for such damages as he might suffer, the judge may refuse the injunction, upon the defendant giving an obligation with sureties to be approved by the judge in such amount as may be fixed by the judge, conditioned that the defendant will pay all damages which the plaintiff may suffer by reason of the continuance during the litigation of the acts complained of.