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.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
§ 11-13-1. Evidence of complainant's equity and of truth of allegations required
§ 11-13-3. Security required to stay proceedings at law
§ 11-13-5. Bond when injunction is not to stay proceedings at law
§ 11-13-7. Bonds in particular cases
§ 11-13-9. Bond not required of state, county, municipality
§ 11-13-11. Restraint on collection of taxes
§ 11-13-13. Security required to enjoin collection of taxes
§ 11-13-15. Procedure for injunction of the collection of taxes
§ 11-13-17. Dissolution or modification of injunction of tax collection; general powers
§ 11-13-19. Chancellor may order return of personal property; execution
§ 11-13-21. Return of personal property; other causes
§ 11-13-31. Motion to dissolve injunction; affidavits; evidence
§ 11-13-33. Injunction bond as judgment
§ 11-13-35. Damages on dissolution of certain injunctions
§ 11-13-37. Post-injuction damages
§ 11-13-39. Effect of dissolution of injunction on bill of complaint