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Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 526

previous next Effective - 28 Aug 1977bottom

  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.

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(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.


---- end of effective   28 Aug 1977 ----

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