Chapter 526 Injunctions

526.090 - Venue of proceedings to stay judgment.

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Proceedings on an injunction to stay a suit or judgment shall be had in the county where the judgment was rendered or the suit is pending, and the summons may be directed and served as summons in ordinary cases.

(RSMo 1939 § 1665)

Prior revisions: 1929 § 1501; 1919 § 1951; 1909 § 2516

526.190 - Testimony, how taken.

The testimony to be heard on such motion shall be taken as in other cases, except the affidavits which may have been filed with such petition or answer, which may be read on the hearing of such motion; and depositions, taken to support or dissolve an injunction, may be read on the final trial or other proceedings in such cause.

(RSMo 1939 § 1680)

Prior revisions: 1929 § 1516; 1919 § 1966; 1909 § 2531

526.180 - Motion, when continued.

If, after a motion for a dissolution of the injunction is made, either party will satisfy the court, by his own affidavit, or that of any other person for him, that any material specified part of the bill or answer to which he objects is untrue, that he has witnesses whose testimony he believes he can procure within a reasonable time, or other material testimony which will disprove the same, and that he has not been able to procure such testimony by using due diligence, the court may continue the motion until a later date.

(RSMo 1939 § 1679, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1515; 1919 § 1965; 1909 § 2530

Effective 1-02-79

526.080 - Bond, where filed.

Such bond shall be filed with the clerk of the circuit court of the county to which the injunction is returnable, and the bond may be entered into before said clerk, if the court or judge granting the injunction shall first approve of the security.

(RSMo 1939 § 1672)

Prior revisions: 1929 § 1508; 1919 § 1958; 1909 § 2523

526.010 - Injunctions granted by certain courts.

Injunctions may be granted by a circuit judge, or an associate circuit judge.

(RSMo 1939 § 1661, A.L. 1945 p. 647, A.L. 1978 H.B. 1634, A.L. 2004 S.B. 1211)

Prior revisions: 1929 § 1497; 1919 § 1947; 1909 § 2512

526.110 - Notice to be posted, when.

If he does not reside in the state, and has no known agent or attorney therein, notice shall be put up ten days before the application for the injunction, in the office of the clerk of the circuit court of the county where the proceedings were had.

(RSMo 1939 § 1667)

Prior revisions: 1929 § 1503; 1919 § 1953; 1909 § 2518

526.210 - Judgment against sureties, how enforced.

The court shall enter judgment against the obligors in the bond, according to the circumstances of the case, including the damages so assessed, and may award execution thereon, or otherwise enforce such judgment, according to the rules and practice of the court.

(RSMo 1939 § 1674)

Prior revisions: 1929 § 1510; 1919 § 1960; 1909 § 2525

526.100 - Notice, to whom given.

Before an injunction shall be granted to stay any proceedings, the applicant shall give reasonable notice, in writing, to the adverse party, if within the state, or to his known agent or attorney, if he has any in the state.

(RSMo 1939 § 1666)

Prior revisions: 1929 § 1502; 1919 § 1952; 1909 § 2517

526.200 - Damages upon dissolution.

Upon the dissolution of an injunction, in whole or in part, damages shall be assessed by a jury, or if neither party require a jury, by the court; but if money, or any proceedings for the collection of any money or demand, shall have been enjoined, the damages thereon shall not exceed ten percent on the amount released by the dissolution, exclusive of legal interest and costs.

(RSMo 1939 § 1673)

Prior revisions: 1929 § 1509; 1919 § 1959; 1909 § 2524

526.220 - Violation of injunction, how punished.

If any person disobey or violate an injunction after it is served on him, the circuit court to which it is returned shall issue an attachment against him for a contempt; and unless he shall disprove or purge the contempt, the judge may commit him to jail until the sitting of the court in which the injunction is pending, or take bail for his appearance in said court at a specified time, to answer for the contempt, and abide the order of the court, and in the meantime to observe and obey the injunction.

(RSMo 1939 § 1677, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1513; 1919 § 1963; 1909 § 2528

Effective 1-02-79

526.120 - Form and service of notice.

The notice shall state the time and place of applying for the injunction, and shall be proved by the return of an officer, the evidence of a witness or the acknowledgment of the adverse party, his agent or attorney, endorsed thereon.

(RSMo 1939 § 1668)

Prior revisions: 1929 § 1504; 1919 § 1954; 1909 § 2519

526.030 - Remedy by injunction to exist, in what cases — prohibition.

The remedy by writ of injunction or prohibition shall exist in all cases where a cloud would be put on the title of real estate being sold under an execution against a person, partnership or corporation having no interest in such real estate subject to execution at the time of sale, or an irreparable injury to real or personal property is threatened, and to prevent the doing of any legal wrong whatever, whenever in the opinion of the court an adequate remedy cannot be afforded by an action for damages.

(RSMo 1939 § 1683)

Prior revisions: 1929 § 1519; 1919 § 1969; 1909 § 2534

CROSS REFERENCES:

Access to repair structure, compelling by mandatory injunction (cities over 500,000), 82.810

Injunction lies to restrain and enjoin, breach of marketing contract of nonprofit cooperative association, 274.210, 274.270

Injunction lies to restrain and enjoin, dentistry, unauthorized practice of, 332.121

Injunction lies to restrain and enjoin, entertainment place where liquor consumed, 311.480

Injunction lies to restrain and enjoin, food and drug law violations, 196.020

Injunction lies to restrain and enjoin, locker plant licensing and inspection law violations, 196.515

Injunction lies to restrain and enjoin, mine operation, in violation of safety laws, 293.660

Injunction lies to restrain and enjoin, possession of land by plaintiff in ejectment before value of improvements determined, 524.180

Injunction lies to restrain and enjoin, premises used in violation of liquor control law, 311.750

Injunction lies to restrain and enjoin, public utility labor relations law violations, 295.200

Injunction lies to restrain and enjoin, registration of bonds of political subdivision by state auditor, 108.240

Injunction lies to restrain and enjoin, squandering of wife's estate by husband, 452.200

Injunction lies to restrain and enjoin, violation of law or order by gas, electric, water, telephone or telegraph company, 386.360

526.130 - Notice, when not necessary.

When an injunction to stay proceedings is prayed in the same court where the proceedings were had, no notice of the application shall be necessary, unless prescribed by rules of court.

(RSMo 1939 § 1675)

Prior revisions: 1929 § 1511; 1919 § 1961; 1909 § 2526

526.160 - To operate as release of errors.

Every such injunction shall operate as a release of all errors in the proceedings that are prayed to be enjoined.

(RSMo 1939 § 1670)

Prior revisions: 1929 § 1506; 1919 § 1956; 1909 § 2521

526.070 - Injunction bond.

No injunction, unless on final hearing or judgment, shall issue in any case, except in suits instituted by the state in its own behalf, until the plaintiff, or some responsible person for him, shall have executed a bond with sufficient surety or sureties to the other party, in such sum as the court or judge shall deem sufficient to secure the amount or other matter to be enjoined, and all damages that may be occasioned by such injunction to the parties enjoined, or to any party interested in the subject matter of the controversy, conditioned that the plaintiff will abide the decision which shall be made thereon, and pay all sums of money, damages and costs that shall be adjudged against him if the injunction shall be dissolved.In lieu of the bond the plaintiff may deposit with the court such sum, in cash, as the court may require, sufficient to secure such amounts.

(RSMo 1939 § 1671, A.L. 1977 H.B. 471)

Prior revisions: 1929 § 1507; 1919 § 1957; 1909 § 2522

(1973) Municipality seeking an injunction must execute a bond and does not fall within statutory exception allowing the state to obtain an injunction without execution of a bond in suits instituted in its own behalf. Ruddy v. Corning (A.), 501 S.W.2d 537.

526.170 - Motion to dissolve.

After the answer is filed, a motion may be made at any time in term to dissolve the injunction, and upon such motion the parties may introduce testimony to support the petition and answer, and the court shall decide the motion upon the weight of testimony, without being bound to take the answer as true.

(RSMo 1939 § 1678)

Prior revisions: 1929 § 1514; 1919 § 1964; 1909 § 2529

526.050 - Temporary injunction, when granted.

When it shall appear by the petition that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists, in restraining the commission or continuance of some act of the defendant, the commission or continuance of which, during the litigation, would produce injury to the plaintiff, or when, during the litigation, it shall appear that the defendant is doing, or threatens or is about to do, some act in relation to the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.

(RSMo 1939 § 1664)

Prior revisions: 1929 § 1500; 1919 § 1950; 1909 § 2515

526.150 - Extent of injunction to stay proceedings.

No injunction shall be granted to stay any judgment or proceeding, except so much of the recovery or cause of action as the plaintiff shall show himself equitably entitled to be relieved against, and so much as will cover costs.

(RSMo 1939 § 1669)

Prior revisions: 1929 § 1505; 1919 § 1955; 1909 § 2520

526.140 - Proceedings where notice not required.

When an application shall be made for an injunction, as herein provided, and no notice of such application is required by this chapter, and no notice is in fact given, and the court, judges or judge to which the application is made shall deem it proper that the defendant, or any of several defendants, should be heard before granting the injunction, such court, judges or judge may, by an order, require cause to be shown, at a specified time and place, why the injunction should not be granted, and he or they may, in the meantime, restrain the defendant, or make such other order as the case may require.

(RSMo 1939 § 1681)

Prior revisions: 1929 § 1517; 1919 § 1967; 1909 § 2532

526.040 - Filing of petition and return of injunction bond.

Before any party shall be entitled to the injunction herein provided, he shall have filed in the circuit court, or in the office of the clerk thereof, having jurisdiction of the suit, his petition setting forth his cause of action; and when the injunction shall be granted by the circuit judge, it shall be in writing, signed by the judge, and returned together with the bond, to the office of the clerk of the circuit court wherein such petition shall have been filed, and become a part of the record in said cause.