§ 16-113-402. Motion to dissolve or modify — Notice
(a) The party enjoined may, at any time, upon reasonable notice to the plaintiff, move the court, upon the plaintiff’s complaint and affidavits alone, to dissolve or modify an injunction of the application for which no notice was given. (b) After answer filed by the party enjoined, he or she may give notice to the […]
§ 16-113-403. Continuance of motion to dissolve or modify
(a) The motion upon the whole case to dissolve or modify the injunction may be postponed, on the application of either party, to a subsequent day, or to the next term, where the court is satisfied that, under the circumstances of the case, the delay is proper. (b) When delay is asked, in order to […]
§ 16-113-404. Order upon hearing
After hearing the motion, the court or judge shall overrule the motion, or dissolve or modify the injunction, according to the right of the case.
§ 16-113-405. Assessment of damages upon dissolution of injunction or restraining order
(a) (1) Upon the dissolution in whole or in part of any injunction or restraining order of any and every kind and nature whatsoever, the circuit court wherein the injunction or restraining order was pending may assess and render against principal and sureties on the injunction bond a valid judgment for any and all damages […]
§ 16-113-406. Liability of sureties — Notice
(a) The judgment for damages shall be rendered against the party who obtained the restraining order or injunction and against his or her sureties on the bond, and the judgment for damages shall be conclusive against them. (b) In proceedings under this subchapter, the sureties shall be considered parties in the cause. The court may, […]
§ 16-113-401. Injunctions before final judgment — Control of court
All injunctions granted before final judgment shall be subject to the further order of the court.