27-19-101. Definition of injunction -- by whom granted. An injunction is an order requiring a person to refrain from a particular act. The order may be granted by the court in which the action is brought or by a judge thereof and, when made by a judge, be enforced as the order of the court.
Montana Code Annotated
Mont. Code Ann. § 27-19-101 (2026)
Definition Of Injunction -- By Whom Granted
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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
CHAPTER 19. INJUNCTIONS
Part 1. General Provisions
Definition Of Injunction -- By Whom Granted
History: En. Sec. 82, p. 58, Bannack Stat.; amd. Sec. 111, p. 154, L. 1867; re-en. Sec. 128, p. 52, Cod. Stat. 1871; re-en. Sec. 170, p. 79, L. 1877; re-en. Sec. 170, 1st Div. Rev. Stat. 1879; re-en. Sec. 172, 1st Div. Comp. Stat. 1887; amd. Sec. 870, C. Civ. Proc. 1895; re-en. Sec. 6642, Rev. C. 1907; re-en. Sec. 9240, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 525; re-en. Sec. 9240, R.C.M. 1935; R.C.M. 1947, 93-4201.
Notes of Decisions
Cited in 17
cases (3 in the last 5 years), 1984–2026 · leading case: In re the Guardianship & Conservatorship of A.M.M., 2016 MT 213, 380 P.3d 736.
In re the Guardianship & Conservatorship of A.M.M., 2016 MT 213, 380 P.3d 736. “” Section 27-19-101, MCA. Before granting an injunction, a hearing is required to show cause “why the injunction should not be granted.”
Braach v. Graybeal, 1999 MT 234, 988 P.2d 761. “and §§ 27-19-101, MCA, et seq. For these reasons, we may not broaden the word "enjoin" used in § 2-16-615(2), MCA, to encompass a separate and distinct remedy, and we reaffirm our holding in Sheehy .”
Awareness Grp. v. Bd. of Trs. of Sch. Dist. No. 4, 795 P.2d 447 (Mont. 1990). “Section 27-19-101, MCA. The purpose of a writ of prohibition is to direct “and command [a] party [who is without jurisdiction or has exceeded its jurisdictional authority] to desist or refrain from further proceedings .”
Frame v. Frame, 740 P.2d 655 (Mont. 1987). “Section 27-19-101, MCA. Preliminary injunctive relief is proper when it appears that “the commission or continuance of some act during litigation” will produce irreparable injury to the applicant.”
State ex rel. Foss v. Dist. Court of the Fourth Jud. Dist., 701 P.2d 342 (Mont. 1985). “Citing the general rule that an injunction is an action ancillary to another action and is an extraordinary remedy available only when there is an underlying proceeding pending, section 27-19-101, MCA, and State ex rel.”
Talley v. Flathead Valley Cmty. Coll., 857 P.2d 701 (Mont. 1993). “2d 1310 ; § 27-19-101, MCA, et seq. The issuance or refusal of injunction is addressed to the discretion of the trial court.”
City of Great Falls v. Forbes, 2011 MT 12, 247 P.3d 1086. “¶16 Was Forbes entitled to a jury trial on the City’s application for an injunction? ¶17 Section 27-19-101, MCA, provides that an injunction order may be granted “by the court.”
Allen v. Madison Cnty. Comm'n, 684 P.2d 1095 (Mont. 1984). “Further, its slowness would re- *89 suit in the immediate injury of unnecessary public expense and further uncertainty as to the status of the new commission government.”
State v. BNSF Ry. Co., 2011 MT 108, 254 P.3d 561. “Section 27-19-101, MCA. An applicant for a preliminary injunction must either establish a prima facie case, or show that it is at least doubtful whether or not he will suffer irreparable injury before his rights can be fully litigated.”
v. Smith-Cote (In re Cote), 2019 MT 10, 433 P.3d 221. “…Montana codify equitable remedies. Some examples include: • specific performance, § 27-1-411, MCA ; 3 • injunctions, §§ 27-19-101 through -406, MCA ; • abatement as a remedy for public and private nuisances, §§ 27-30-202 and -301, MCA ; • partition, § 70-29-101, MCA ; 4 •…”
New Club Carlin, Inc. v. City of Billings, 772 P.2d 303 (Mont. 1989). “Did the District Court err when it denied the appellant’s request for preliminary injunction? Montana law governing the issuance of a preliminary injunction is found at § 27-19-101, et. seq. M.C.A. Two sections of this law are particularly applicable to this case.”
Matter of A.M.M., 2016 MT 213. “” Section 27-19-101, MCA. Before granting an injunction, a hearing is required to show cause “why the injunction should not be granted.”
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