There is a newer version
of
this Section
2020 Tennessee Code
Title 29 - Remedies and Special Proceedings
Chapter 23 - Injunctions
Part 1 - Injunction to Stay Proceedings on Money Judgment
§ 29-23-104. Assessment of Penalty for Injurious Injunction
Universal Citation: TN Code § 29-23-104 (2020)
- In cases where the court is of the opinion that the party enjoined has suffered a substantial injury, but that damages are speculative or incapable of ascertainment under legal rules, it may, on dissolution, in its sound discretion, assess and decree against the party suing out the writ a penalty in favor of the party enjoined.
- If this discretion is exercised by the chancellor it shall be reviewable on appeal.
Code 1932, § 10555; T.C.A. (orig. ed.), § 23-1913.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 612.
Collateral References. 42 Am. Jur. 2d Injunctions §§ 368, 370, 371, 378.
43A C.J.S. Injunctions §§ 320-323.
Liability apart from bond and in absence of elements of malicious prosecution, for wrongfully suing out injunction. 45 A.L.R. 1517.
Malicious prosecution based on wrongful obtaining of injunction, right to bring action for, as affected by giving of injunction bond. 150 A.L.R. 907.
Proceedings for injunction or restraining order as basis of malicious prosecution action. 70 A.L.R.3d 536.
Injunction 185-188.
Disclaimer: These codes may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
