Effective - 28 Aug 1977
526.070. Injunction bond. — 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.
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(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.
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Section 526.010 - Injunctions granted by certain courts.
Section 526.030 - Remedy by injunction to exist, in what cases — prohibition.
Section 526.040 - Filing of petition and return of injunction bond.
Section 526.050 - Temporary injunction, when granted.
Section 526.070 - Injunction bond.
Section 526.080 - Bond, where filed.
Section 526.090 - Venue of proceedings to stay judgment.
Section 526.100 - Notice, to whom given.
Section 526.110 - Notice to be posted, when.
Section 526.120 - Form and service of notice.
Section 526.130 - Notice, when not necessary.
Section 526.140 - Proceedings where notice not required.
Section 526.150 - Extent of injunction to stay proceedings.
Section 526.160 - To operate as release of errors.
Section 526.170 - Motion to dissolve.
Section 526.180 - Motion, when continued.
Section 526.190 - Testimony, how taken.
Section 526.200 - Damages upon dissolution.