Vt. Stat. Ann. » Title 12 Chapter 163
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 4447 (2026)

Damages on final judgment

✓ current as of May 2026
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Subchapter 004 : INJUNCTIONS

(Cite as: 12 V.S.A. § 4447)
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1962–2025 · leading case: Gerard & Gemma Brault v. Town of Milton, 527 F.2d 730 (2d Cir. 1975).
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Gerard & Gemma Brault v. Town of Milton, 527 F.2d 730 (2d Cir. 1975). · cites it 3× “Accordingly 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 4× “At 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 2× “§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 2× “1 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.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.