§ 16-113-405 — Assessment of damages upon dissolution of injunction or restraining order

(a) (1) Upon the dissolution in whole or in part of any injunction or restraining order of any and every kind and nature whatsoever, the circuit court wherein the injunction or restraining order was pending may assess and render against principal and sureties on the injunction bond a valid judgment for any and all damages occasioned by the issuance of such injunction or restraining order. (2) The court may either appoint a master to report as to the damages, or may render summary judgment therefor, or at its discretion may cause a jury to be empaneled to find the damages. (b) Where money is enjoined, the damages may be any rate percent on the amount released by the dissolution which in the discretion of the court may be proper, not exceeding ten percent (10%). (c) Where the delivery of property has been delayed by the injunction, the value of the use, hire, or rent thereof shall be assessed.

Legislative History

Civil Code, § 320; Acts 1915, No. 102, § 1; C. & M. Dig., §§ 5822-5824; Pope's Dig., §§ 7538-7540; A.S.A. 1947, §§ 32-307 -- 32-309.