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Miss. Code Ann. § 11-13-35

Damages on dissolution of certain injunctions

Applied in 2 court decisions — leading case 389 So. 2d 494 - James v. Jackson Production Credit Ass'n (1980)

Most recently applied in Lend Lease Asset Management, L.P. v. Cobra Security, Inc. (October 2005)

Codes, Hutchinson’s 1848, ch. 54, arts. 2(41), 19(8); Laws, 1957, ch. 62, art. 72; 1871, § 1051; 1880, § 1918; 1892, § 572; 1906, § 623; Hemingway’s 1917, § 383; 1930, § 432; 19…

When an injunction, obtained to stay proceedings on a judgment at law for money, shall be dissolved, in whole or in part, damages at the rate of five per centum shall be added to the judgment enjoined, or to so much thereof as shall be found due, including the costs; and the clerk of the chancery court shall certify such dissolution to the clerk of the court in which the judgment was rendered, who shall thereupon issue execution for the damages, as well as for the original debt and costs. Damages at the same rate shall be allowed upon the dissolution of injunctions to stay sales under deeds of trust, or mortgages with power of sale; and such damages may be added to the debt, and collected by the sale of the property, or execution may issue from the chancery court for the same, together with the costs of suit, unless the value of the property, the sale of which was restrained, be less than the amount of the debt, in which case the damages shall be computed on the value of the property, to be ascertained and determined by the chancellor. In all cases upon the dissolution of an injunction, the damages may be ascertained by the court or chancellor, or upon reference to a master, and proof, if necessary, and decree therefor be made, and execution be issued thereon.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.