Mississippi Code

Miss. Code Ann. § 11-13-37 (2026)

Post-injunction damages

✓ current as of July 2026

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Where the party claiming damages shall desire, upon the dissolution of an injunction, to have the same ascertained and decreed by the chancellor or the chancery court, he shall suggest in writing, on the hearing of the motion to dissolve the injunction, the nature and amount of the damages; and the chancellor or court shall hear evidence, if necessary, and assess the damages, and decree the same to the party entitled thereto, for which execution may be issued, as in other cases, against the obligors in the bond given for the injunction. And if the chancellor, instead of hearing evidence as to said damages - which may be by witnesses examined before him in vacation or in term time, or by deposition, according to the circumstances - shall see proper, he may make a reference to a master to take testimony and report in such matter. But nothing herein contained shall prevent the party entitled from maintaining a suit on the injunction bond, if his damages shall not be assessed as herein provided for.

Codes, 1880, § 1919; 1892, § 573; 1906, § 624; Hemingway's 1917, § 384; 1930, § 433; 1942, § 1353.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1985–2025 · leading case: Lauderdale v. DeSoto Cnty. Ex Rel. Bd. of Supervisors, 196 So. 3d 1091 (Miss. Ct. App. 2016).

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Lauderdale v. DeSoto Cnty. Ex Rel. Bd. of Supervisors, 196 So. 3d 1091 (Miss. Ct. App. 2016). · cites it 12× “See Miss.Code Ann. § 11-13-37 (Rev.2004); M.R.”

Expro Americas, LLC v. Walters, 179 So. 3d 1010 (Miss. 2015). · cites it 6× “court, he shall suggest in writing, on the hearing of the motion to dissolve the injunction, the nature and amount of damages; and the chancellor or court shall hear evidence, if necessary, and assess the damages, and decree the same to the party entitled thereto, for which…”

S. Land & Resources Co., Inc. v. Dobbs, 467 So. 2d 652 (Miss. 1985). · cites it 2× “Miss. Code Ann. § 11-13-37 (1972). See also Griffith, Mississippi Chancery Practice, §§ 464-65 (2nd ed.”

Kelso v. McGowan, 604 So. 2d 726 (Miss. 1992). “Kelso's assertion that the $20,000 debt was the only one in default at the time of foreclosure is therefore at least technically incorrect.”

Cox v. Trustmark Nat. Bank, 733 So. 2d 353 (Miss. Ct. App. 1999). · cites it 2× “Mississippi Code section 11-13-37 has been held to be an independent basis to permit the award of attorney's fees upon dissolution of an injunction.”

City of Waynesboro v. McMichael, 856 So. 2d 474 (Miss. Ct. App. 2003). · cites it 2× “Miss.Code Ann. § 11-13-37 (Supp.2002). In the McMichaels's counterclaim, they did request attorney's fees specifically, the same as they did in their motion to dismiss and several other motions.”

Busby Outdoor LLC & Mississippi Dep't of Agric. & Com. v. City of Jackson, Mississippi, The Lamar Co., LLC & Kane Ditto (Miss. 2025). · cites it 6× “Miss. Code Ann. § 11-13-37 . The statute is inapplicable here; thus, this issue has no merit.”

Ray v. Snow, 525 So. 2d 394 (Miss. 1988). · cites it 5× “”) Miss. Code Ann. § 11-13-37 (1972) states, Where the party claiming damages shall desire, upon the dissolution of an injunction, to have the same ascertained and decreed by the chancellor or the chancery court, he shall suggest in writing, on the hearing of the motion to…”

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