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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : STATUTORY ACTIONS AND TORTS
Chapter : Chapter 526 Injunctions
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Injunctions may be granted by a circuit judge, or an associate
circuit judge. (RSMo 1939 § 1661, A.L. 1945 p. 647, A.L. 1978 H.B. 1634,
A.L. 2004 S.B. 1211)
Prior revisions: 1929 § 1497; 1919 § 1947; 1909 § 2512
The remedy by writ of injunction or prohibition shall exist in
all cases where a cloud would be put on the title of real estate being
sold under an execution against a person, partnership or corporation
having no interest in such real estate subject to execution at the time
of sale, or an irreparable injury to real or personal property is
threatened, and to prevent the doing of any legal wrong whatever,
whenever in the opinion of the court an adequate remedy cannot be
afforded by an action for damages. (RSMo 1939 § 1683)
Prior revisions: 1929 § 1519; 1919 § 1969; 1909 § 2534
CROSS REFERENCES: Access to repair structure, compelling by mandatory
injunction (cities over 500,000), RSMo 82.810 Injunction lies to restrain
and enjoin Breach of marketing contract of nonprofit cooperative
association, RSMo 274.210, 274.270 Dentistry, unauthorized practice of,
RSMo 332.121 Entertainment place where liquor consumed, RSMo 311.480 Food
and drug law violations, RSMo 196.020 Locker plant licensing and
inspection law violations, RSMo 196.515 Mine operation, in violation of
safety laws, RSMo 293.660 Possession of land by plaintiff in ejectment
before value of improvements determined, RSMo 524.180 Premises used in
violation of liquor control law, RSMo 311.750 Public utility labor
relations law violations, RSMo 295.200 Registration of bonds of political
subdivision by state auditor, RSMo 108.240 Squandering of wife's estate
by husband, RSMo 452.200 Violation of law or order by gas, electric,
water, telephone or telegraph company, RSMo 386.360
Before any party shall be entitled to the injunction herein
provided, he shall have filed in the circuit court, or in the office of
the clerk thereof, having jurisdiction of the suit, his petition setting
forth his cause of action; and when the injunction shall be granted by
the circuit judge, it shall be in writing, signed by the judge, and
returned together with the bond, to the office of the clerk of the
circuit court wherein such petition shall have been filed, and become a
part of the record in said cause. (RSMo 1939 § 1663, A.L. 1945 p. 646,
A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1499; 1919 § 1949; 1909 § 2514
Effective 1-2-79
When it shall appear by the petition that the plaintiff is
entitled to the relief demanded, and such relief, or any part thereof,
consists, in restraining the commission or continuance of some act of the
defendant, the commission or continuance of which, during the litigation,
would produce injury to the plaintiff, or when, during the litigation, it
shall appear that the defendant is doing, or threatens or is about to do,
some act in relation to the plaintiff's rights respecting the subject of
the action, and tending to render the judgment ineffectual, a temporary
injunction may be granted to restrain such act. (RSMo 1939 § 1664)
Prior revisions: 1929 § 1500; 1919 § 1950; 1909 § 2515
No injunction, unless on final hearing or judgment, shall issue
in any case, except in suits instituted by the state in its own behalf,
until the plaintiff, or some responsible person for him, shall have
executed a bond with sufficient surety or sureties to the other party, in
such sum as the court or judge shall deem sufficient to secure the amount
or other matter to be enjoined, and all damages that may be occasioned by
such injunction to the parties enjoined, or to any party interested in
the subject matter of the controversy, conditioned that the plaintiff
will abide the decision which shall be made thereon, and pay all sums of
money, damages and costs that shall be adjudged against him if the
injunction shall be dissolved. In lieu of the bond the plaintiff may
deposit with the court such sum, in cash, as the court may require,
sufficient to secure such amounts. (RSMo 1939 § 1671, A.L. 1977 H.B. 471)
Prior revisions: 1929 § 1507; 1919 § 1957; 1909 § 2522
(1973) Municipality seeking an injunction must execute a bond and does
not fall within statutory exception allowing the state to obtain an
injunction without execution of a bond in suits instituted in its own
behalf. Ruddy v. Corning (A.), 501 S.W.2d 537.
Such bond shall be filed with the clerk of the circuit court of
the county to which the injunction is returnable, and the bond may be
entered into before said clerk, if the court or judge granting the
injunction shall first approve of the security. (RSMo 1939 § 1672)
Prior revisions: 1929 § 1508; 1919 § 1958; 1909 § 2523
Proceedings on an injunction to stay a suit or judgment shall be
had in the county where the judgment was rendered or the suit is pending,
and the summons may be directed and served as summons in ordinary cases.
(RSMo 1939 § 1665)
Prior revisions: 1929 § 1501; 1919 § 1951; 1909 § 2516
Before an injunction shall be granted to stay any proceedings,
the applicant shall give reasonable notice, in writing, to the adverse
party, if within the state, or to his known agent or attorney, if he has
any in the state. (RSMo 1939 § 1666)
Prior revisions: 1929 § 1502; 1919 § 1952; 1909 § 2517
If he does not reside in the state, and has no known agent or
attorney therein, notice shall be put up ten days before the application
for the injunction, in the office of the clerk of the circuit court of
the county where the proceedings were had. (RSMo 1939 § 1667)
Prior revisions: 1929 § 1503; 1919 § 1953; 1909 § 2518
The notice shall state the time and place of applying for the
injunction, and shall be proved by the return of an officer, the evidence
of a witness or the acknowledgment of the adverse party, his agent or
attorney, endorsed thereon. (RSMo 1939 § 1668)
Prior revisions: 1929 § 1504; 1919 § 1954; 1909 § 2519
When an injunction to stay proceedings is prayed in the same
court where the proceedings were had, no notice of the application shall
be necessary, unless prescribed by rules of court. (RSMo 1939 § 1675)
Prior revisions: 1929 § 1511; 1919 § 1961; 1909 § 2526
When an application shall be made for an injunction, as herein
provided, and no notice of such application is required by this chapter,
and no notice is in fact given, and the court, judges or judge to which
the application is made shall deem it proper that the defendant, or any
of several defendants, should be heard before granting the injunction,
such court, judges or judge may, by an order, require cause to be shown,
at a specified time and place, why the injunction should not be granted,
and he or they may, in the meantime, restrain the defendant, or make such
other order as the case may require. (RSMo 1939 § 1681)
Prior revisions: 1929 § 1517; 1919 § 1967; 1909 § 2532
No injunction shall be granted to stay any judgment or
proceeding, except so much of the recovery or cause of action as the
plaintiff shall show himself equitably entitled to be relieved against,
and so much as will cover costs. (RSMo 1939 § 1669)
Prior revisions: 1929 § 1505; 1919 § 1955; 1909 § 2520
Every such injunction shall operate as a release of all errors
in the proceedings that are prayed to be enjoined. (RSMo 1939 § 1670)
Prior revisions: 1929 § 1506; 1919 § 1956; 1909 § 2521
After the answer is filed, a motion may be made at any time in
term to dissolve the injunction, and upon such motion the parties may
introduce testimony to support the petition and answer, and the court
shall decide the motion upon the weight of testimony, without being bound
to take the answer as true. (RSMo 1939 § 1678)
Prior revisions: 1929 § 1514; 1919 § 1964; 1909 § 2529
If, after a motion for a dissolution of the injunction is made,
either party will satisfy the court, by his own affidavit, or that of any
other person for him, that any material specified part of the bill or
answer to which he objects is untrue, that he has witnesses whose
testimony he believes he can procure within a reasonable time, or other
material testimony which will disprove the same, and that he has not been
able to procure such testimony by using due diligence, the court may
continue the motion until a later date. (RSMo 1939 § 1679, A.L. 1978 H.B.
1634)
Prior revisions: 1929 § 1515; 1919 § 1965; 1909 § 2530
Effective 1-2-79
The testimony to be heard on such motion shall be taken as in
other cases, except the affidavits which may have been filed with such
petition or answer, which may be read on the hearing of such motion; and
depositions, taken to support or dissolve an injunction, may be read on
the final trial or other proceedings in such cause. (RSMo 1939 § 1680)
Prior revisions: 1929 § 1516; 1919 § 1966; 1909 § 2531
Upon the dissolution of an injunction, in whole or in part,
damages shall be assessed by a jury, or if neither party require a jury,
by the court; but if money, or any proceedings for the collection of any
money or demand, shall have been enjoined, the damages thereon shall not
exceed ten percent on the amount released by the dissolution, exclusive
of legal interest and costs. (RSMo 1939 § 1673)
Prior revisions: 1929 § 1509; 1919 § 1959; 1909 § 2524
The court shall enter judgment against the obligors in the bond,
according to the circumstances of the case, including the damages so
assessed, and may award execution thereon, or otherwise enforce such
judgment, according to the rules and practice of the court. (RSMo 1939 §
1674)
Prior revisions: 1929 § 1510; 1919 § 1960; 1909 § 2525
If any person disobey or violate an injunction after it is
served on him, the circuit court to which it is returned shall issue an
attachment against him for a contempt; and unless he shall disprove or
purge the contempt, the judge may commit him to jail until the sitting of
the court in which the injunction is pending, or take bail for his
appearance in said court at a specified time, to answer for the contempt,
and abide the order of the court, and in the meantime to observe and obey
the injunction. (RSMo 1939 § 1677, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1513; 1919 § 1963; 1909 § 2528
Effective 1-2-79
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