Injunctions

Miss. Code Ann. tit. 11, ch. 13
in effect

Miss. Code Ann. § 11-13-1 Evidence of complainant’s equity and of truth of allegations required.

An injunction shall not be granted unless the judge or chancellor shall be satisfied of the complainant’s equity and of the truth of the allegations of the bill, by oath or other means.

Miss. Code Ann. § 11-13-3 Security required to stay proceedings at law.

An injunction to stay proceedings at law shall not be issued until after the party obtaining the injunction shall give security in such sum as the court deems proper for the payment of costs, damages and reasonable attorney’s fees as may be incurred or suffered by any party who is found to be wrongfully enjoined.

Miss. Code Ann. § 11-13-5 Bond when injunction is not to stay proceedings at law.

Where the injunction shall not be for the stay of proceedings in an action at law for the recovery of money, or upon a judgment requiring the payment of money, the party applying for the injunction shall, before the issuance of the same, enter into bond in like manner as provided for in Section 11-13-3, in a sufficient penalty, to be fixed by the judge granting the same, conditioned for the payment of all damages and costs which may be awarded against him, or which the opposite party may suffer or sustain by reason of the suing out of said injunction, in case the same shall be dissolved.

Miss. Code Ann. § 11-13-7 Bonds in particular cases.

If the injunction be to stay a sale under execution of certain designated property, real or personal, or any proceeding at law as to certain specified things, and not to restrain proceedings at law generally, bond may be given as provided in Section 11-13-5; but if the injunction shall be obtained on the ground of some objection to the judgment or execution, or the demand of the party enjoined to sustain his claim, and shall not be confined to a contest of his right to subject to his demand particular property by his proceeding, bond shall be given as prescribed in Section 11-13-3.

Miss. Code Ann. § 11-13-9 Bond not required of state, county, municipality.

Neither the state, nor any county, nor any municipality, nor any state officer of the state suing out an injunction in his official character, shall be required to give bond to obtain an injunction.

Miss. Code Ann. § 11-13-11 Restraint on collection of taxes.

The chancery court shall have jurisdiction of suits by one or more taxpayers in any county, city, town, or village, to restrain the collection of any taxes levied or attempted to be collected without authority of law.

Miss. Code Ann. § 11-13-13 Security required to enjoin collection of taxes.

An injunction shall not be granted to stay the collection of state, county, city, town or village taxes unless upon condition that, before its issuance, the party obtaining it shall give security to the state in such sum as the court deems proper for the payment of damages, costs, and reasonable attorney’s fees as may be incurred or suffered by the state, in case the injunction shall be dissolved.

Miss. Code Ann. § 11-13-15 Procedure for injunction of the collection of taxes.

All causes in which it is sought to enjoin or delay the collection of any taxes imposed by competent authority shall be preference cases, and tried at the earliest moment compatible with the ends of justice. Upon a dissolution of any such injunction, the chancellor or court ordering it dissolved shall enter a judgment against the person suing out the same and the sureties on his injunction bond, for the amount of the taxes so enjoined and ten percent (10%) thereon, and all costs of suit. Such judgment shall be enforced by execution for the use of the state or county, or both, or of the city, town or village, as the case may require. The said judgment shall be a lien from its date upon the property of the persons against whom it is rendered; and all the property on which the taxes enjoined were assessed shall remain bound by the lien for taxes declared by law, notwithstanding such injunction; and such property may be sold under the execution upon such judgment.

Miss. Code Ann. § 11-13-17 Dissolution or modification of injunction of tax collection; general powers.

The provisions of Section 11-13-15 shall apply to a partial dissolution of an injunction of the collection of taxes and to an injunction of the sale of any property for taxes. In all cases of the injunction of the collection of taxes, or of the sale of any property for taxes, the court, or chancellor in vacation, in dissolving in part or in whole, or in modifying an injunction, shall have full power to make such judgment as may be necessary to enforce the right of the state, county, city, town, village, or other competent authority entitled to the taxes involved in such suit, and may direct a sale of any property liable to such taxes, and involved in such suit.

Miss. Code Ann. § 11-13-19 Chancellor may order return of personal property; execution.

When an injunction shall be granted to stay the sale of personal property, levied on by virtue of an execution, the chancellor may order the property to be restored to the plaintiff, on his giving bond to the sheriff, in such amount and with sufficient sureties as the judge deems proper, payable to the plaintiff in the execution, and conditioned for the redelivery of the property to the sheriff in case the injunction shall be dissolved. Such bond shall be returned by the sheriff with the execution, and shall have the force and effect of a judgment. Liability thereupon may be enforced by the procedure provided for in the Mississippi Rules of Civil Procedure. In case the property shall not be redelivered to the sheriff within fifteen (15) days after the dissolution of the injunction, the clerk of the court to which the bond was returned shall issue execution thereon for the amount of the assessed value of said property and all costs. But in such case, the lien on the property created by the judgment and the execution and levy, shall remain in force; and the sheriff, on a writ of venditioni exponas, or other order of sale, may seize the property so levied on wherever the same may be found.

Miss. Code Ann. § 11-13-21 Return of personal property; other causes.

When an injunction shall be granted to stay a sale of personal property seized under a deed of trust or mortgage with power of sale, or in any case in which the sale of such property may be enjoined, the judge may order the property to be restored to the plaintiff on his giving bond to the sheriff in such amount and with sufficient sureties as the judge deems proper, payable to the person by whom such property is to be surrendered and conditioned for the return of the property to the person surrendering it, if the injunction shall be dissolved. Such bond shall be returned by the sheriff with the execution and shall have the force and effect of a judgment. Liability thereupon may be enforced by the procedure provided for in the Mississippi Rules of Civil Procedure. If not discharged by the delivery, within fifteen (15) days after the dissolution of the injunction, of the property to the person in whose possession it was before said order for the restoration to the plaintiff, execution shall be issued on such bond by the clerk for the value of said property.

Miss. Code Ann. § 11-13-23 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-13-23 . [Codes, 1857, ch. 62, art. 71; 1871, § 1050; 1880, § 1910; 1892, § 563; 1906, § 614; Hemingway’s 1917, § 374; 1930, § 426; 1942, § 1346] § 11-13-25 . [Codes, Hutchinson’s 1848, ch. 54, art. 19 (6); 1857, ch. 62, art. 68; 1871, § 1047; 1880, § 1911; 1892, § 564; 1906, § 615; Hemingway’s 1917, § 375; 1930, § 427; 1942, § 1347] § 11-13-27 . [Codes, 1857, ch. 62, art. 70; 1871, § 1049; 1880, § 1914; 1892, § 567; 1906, § 618; Hemingway’s 1917, § 378; 1930, § 428; 1942, § 1348] § 11-13-29 . [Codes, 1880, § 1915; 1892, § 568; 1906, § 619; Hemingway’s 1917, § 379; 1930, § 429; 1942, § 1349] Editor’s Notes — Former § 11-13-23 provided for the dissolution of injunctions granted in vacation unless a bill was filled by the first term. Former § 11-13-25 pertained to release of errors by injunction. Former § 11-13-27 pertained to motions to dissolve injunctions. Former § 11-13-29 pertained to the effect of a motion to dissolve an injunction when a motion to strike the answer was pending.

Miss. Code Ann. § 11-13-31 Motion to dissolve injunction; affidavits; evidence.

Either party may, on the hearing of a motion to dissolve an injunction on bill and answer, read in evidence affidavits taken by him, on two days’ notice to the opposite party of the time and place of taking such affidavits, and may also introduce oral or documentary evidence, or both, at the hearing.

Miss. Code Ann. § 11-13-33 Injunction bond as judgment.

A bond to enjoin proceedings at law on a judgment for money, upon the dissolution of the injunction, in whole or in part, shall have the force and effect of a judgment against the obligors; and liability of such sureties may be enforced under the procedure provided for in the Mississippi Rules of Civil Procedure.

Miss. Code Ann. § 11-13-35 Damages on dissolution of certain injunctions.

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.

Miss. Code Ann. § 11-13-37 Post-injuction damages.

Where the party claiming damages shall desire, upon the dissolution of an injunction, to have the same ascertained and decreed by the chancellor or the chancery court, he shall suggest in writing, on the hearing of the motion to dissolve the injunction, the nature and amount of the damages; and the chancellor or court shall hear evidence, if necessary, and assess the damages, and decree the same to the party entitled thereto, for which execution may be issued, as in other cases, against the obligors in the bond given for the injunction. And if the chancellor, instead of hearing evidence as to said damages – which may be by witnesses examined before him in vacation or in term time, or by deposition, according to the circumstances – shall see proper, he may make a reference to a master to take testimony and report in such matter. But nothing herein contained shall prevent the party entitled from maintaining a suit on the injunction bond, if his damages shall not be assessed as herein provided for.

Miss. Code Ann. § 11-13-39 Effect of dissolution of injunction on bill of complaint.

When, on motion, an injunction shall be wholly dissolved, the bill of complaint shall be dismissed of course with costs, unless sufficient cause be shown against its dismissal at the next succeeding term of the court.

Miss. Code Ann. § 11-13-41 Victims of stalking and sexual assault exempt from payment of fees related to filing for injunctive relief.

A victim of stalking, as defined in Section 97-3-107, or sexual assault, as defined in Section 97-3-65 or 97-3-95, who files an action seeking injunctive relief preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to the victim against the perpetrator of that offense, shall not be assessed any fees related to the filing of such request, the issuance of any process of court or the issuance of any order providing such protection. The court, upon issuing any such relief, shall assess costs of court to the perpetrator of the offense. In the event the court determines the request is frivolous, the court shall assess the costs of court to the petitioner.

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