§ 29-23-204. Decree
The judge or chancellor may then, upon such bill and answer, hear such cause, at chambers, as upon motion to dissolve the injunction, the judge’s or chancellor’s decision to be in a written decree, which decree, together with the bill, answer, and exhibits, shall be enclosed in a sealed envelope, to the clerk of the […]
§ 29-23-101. Decree on Dissolution of Injunction to Stay Proceedings on Money Judgment
Upon the dissolution of an injunction to stay proceedings on a judgment for money, in whole or in part, the decree, interlocutory or final, shall be entered against the complainant and the complainant’s sureties for such amount as the court may order, and the clerk and master shall issue executions thereon. Code 1858, § 4447 […]
§ 29-23-102. [reserved.]
Where an injunction to stay proceedings on a judgment is dissolved on a final hearing, the court may decree six percent (6%) on the amount of the judgment enjoined as damages, if of the opinion that the injunction was obtained for delay. Code 1932, § 10554; T.C.A. (orig. ed.), § 23-1912. Collateral References. 42 Am. […]
§ 29-23-104. Assessment of Penalty for Injurious Injunction
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 […]
§ 29-23-105. Delivery of Attached Property — Payment of Penalty
The court has power, upon final decree, to order the property which may have been attached to be delivered to the party entitled, and, in case of failure, that the persons liable upon original, replevy, or delivery bonds, shall pay all or such portion of the penalty as the court may order. Or, where the […]
§ 29-23-201. Injunction Against Sale Under Trust Deed or Mortgage — Notice Required
No judge or chancellor shall grant an injunction to stay the sale of real estate conveyed by deed of trust or mortgage, with a power of sale, executed to secure the payment of a loan of money, unless the complainant gives five (5) days’ notice to the trustee or mortgagee of the time when, place […]
§ 29-23-202. Contents of Application for Injunction
The party applying for relief in such case shall distinctly state how, when, and to whom the debt or any part of the debt secured aforementioned has been paid, or any circumstances of fraud which vitiate the contract.
§ 29-23-203. Answer — Delay in Hearing on Injunction
After the reading of the bill in the hearing of the trustee or mortgagee, if the trustee or mortgagee chooses to appear before the judge or chancellor, the trustee or mortgagee may have the right to a delay of proceedings not more than ten (10) days, during which time the trustee or mortgagee may file […]