§ 1-28-103 — When and by whom granted

The injunction may be granted at the time of commencing the
action, or at any time before judgment, by the district court or
a judge thereof, or in the absence from the county of the judge,
by the court commissioner of the county, when it appears by
affidavit of the plaintiff or his agent that the plaintiff is
entitled thereto. When an injunction has been vacated during the
pendency of the action in the district court, and an appeal is
taken to the supreme court from the judgment or final order
after trial in the district court, an injunction may be granted
at any time before judgment or final order in the supreme court
by a judge of the supreme court, when it appears to the court or
judge by affidavit of the party or his agent that the party is
entitled thereto. Upon like proof, an injunction may also be
allowed by the supreme or district court or by a judge of either
as a temporary remedy, during the pendency of a case on error or
appeal.