When an injunction has been dissolved by a final judgment in favor of the enjoined
party, he or she shall be entitled to recover his or her actual damages caused by
the wrongful issuing of the injunction. (Amended 1971, No. 185 (Adj. Sess.), § 120, eff. March 29, 1972.)
Gerard & Gemma Brault v. Town of Milton, 527 F.2d 730 (2d Cir. 1975). · cites it 3דAccordingly it dissolved the injunction and remanded the case to the county court for the purpose of assessing damages pursuant to the injunction bond and a Vermont “injunction damages” statute, 12 V.S.A. § 4447, 3 which provided that, upon dissolution of an injunction by final…”
Town of Milton v. Brault, 320 A.2d 630 (Vt. 1974). · cites it 4דAt the time of these two decisions, 12 V.S.A. § 4447 provided: When an injunction in chancery is dissolved by final decree in favor of the defendant, he shall be entitled to recover his actual damages caused by the wrongful issuing of the injunction which shall be ascertained by…”
In Re Crescent Beach Ass'n, 236 A.2d 497 (Vt. 1967). · cites it 2ד§4447 provides that when an injunction in chancery is dissolved by final decree in favor of the defendant, he shall be entitled to recover his damages caused by the- wrongful issuing of the injunction. This statute delimits the right of recovery of damages by a defendant to…”
Sykas v. Alvarez, 234 A.2d 343 (Vt. 1967). “” This rule is underscored by 12 V.S.A. §4447, which authorizes the recovery of actual damages caused by the wrongful issuance of an injunction.”
Couture v. Lowery, 177 A.2d 371 (Vt. 1962). “By 12 V.S.A. §4447, however, the legislature has said that such a damage assessment may be made by reference to a master.”
ADE Software Corp. v. Hoffman, 775 A.2d 896 (Vt. 2001). · cites it 2ד1 and 12 V.S.A. § 4447, seeking a hearing “to determine defendant Hoffman’s entitlement to injunction damages arising from the wrongful issuance of the preliminary injunction in this matter.”
Encore Holdings v. Gadhue (Vt. Super. Ct. 2025). “’s Exs. 3 & 4 ¶ 4; Pl.’s Exs. 5 & 6 § 10(f). The Court finds this constitutes good cause, see V.”
O'Brien v. Town of Weathersfield Zoning Bd., 415 A.2d 1060 (Vt. 1980). “Therefore, that order must be reversed and the cause remanded for hearing on the limited question of whether or not the Osgoods can establish any damage under the law in connection with the improper imposition of the temporary restraining order.”
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