Assessment of Penalty for Injurious Injunction

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Injunctions
  5. Injunction to Stay Proceedings on Money Judgment
  6. Assessment of Penalty for Injurious Injunction

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  1. 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.
  2. 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.


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