Tennessee § 29-23-104 - Assessment of penalty for injurious injunction.
Full text of Tennessee Tennessee Code Annotated § 29-23-104 — Assessment of penalty for injurious injunction., with citation guidance and answers to common questions.
§ 29-23-104. Assessment of penalty for injurious injunction.
In cases where the court is of the opinion that the party enjoined has suffered a substantial injury, but that damages are speculative or incapable of ascertainment under legal rules, it may, on dissolution, in its sound discretion, assess and decree against the party suing out the writ a penalty in favor of the party enjoined. If this discretion is exercised by the chancellor it shall be reviewable on appeal. Code 1932, § 10555; T.C.A. (orig. ed.), § 23-1913. Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 612. Collateral References. 42 Am. Jur. 2d Injunctions §§ 368, 370, 371, 378. 43A C.J.S. Injunctions §§ 320-323. Liability apart from bond and in absence of elements of malicious prosecution, for wrongfully suing out injunction. 45 A.L.R. 1517 . Malicious prosecution based on wrongful obtaining of injunction, right to bring action for, as affected by giving of injunction bond. 150 A.L.R. 907 . Proceedings for injunction or restraining order as basis of malicious prosecution action. 70 A.L.R.3d 536. Injunction 185-188.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 29-23-104
What does Tennessee Code Annotated § 29-23-104 cover?
Section 29-23-104 ("Assessment of penalty for injurious injunction.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 29-23-104?
A common citation format is "Tennessee Code Annotated § 29-23-104" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 29-23-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.