Barber v. M. Levy & Sons

Citations

• 73 Miss. 484

Syllabus

<p>1. Injunctions. Damages. Action at law. Code 1892, § 573.</p> <p>Section 573, code 1892, authorizing the chancery court to award damages on the dissolution of an injunction, by its terms, leaves unaffected the right to sue at law on the injunction bond, if the damages shall not be assessed by the chancery court as provided for in said section.</p> <p>2. Same. Dime per cent, penalty. When recoverable. Pleading.. Code 1892, l 572.</p> <p>In an action at law on an injunction bond given to restrain a sale under a deed of trust, for the recovery of the statutory penalty of five per cent, on the amount of the debt, the declaration is demurrable if it fails to allege that the value of the propery was not less than the amount of the debt, and thus negative the exception made by £ 572, code 1892, to the general clause therein allowing damages at that rate.</p>