Tennessee § 29-3-105 - Temporary injunction.

§ 29-3-105. Temporary injunction.

In such proceeding, the court, or a judge or chancellor in vacation, shall, upon the presentation of a bill or petition therefor, alleging that the nuisance complained of exists, award a temporary writ of injunction, enjoining and restraining the further continuance of such nuisance, and the closing of the building or place wherein the same is conducted until the further order of the court, judge, or chancellor. The award of a temporary writ of injunction shall be accompanied by such bond as is required by law in such cases, in case the bill is filed by citizens and freeholders; but no bond shall be required when such is filed by the officers provided for, if it shall be made to appear to the satisfaction of the court, judge or chancellor, by evidence in the form of a due and proper verification of the bill or petition under oath, or of affidavits, depositions, oral testimony, or otherwise, as the complaints or petitioners may elect, that the allegations of such bill or petition are true. Acts 1913 (2nd Ex. Sess.), ch. 2, § 4; Shan., § 5164a5; mod. Code 1932, § 9328; T.C.A. (orig. ed.), § 23-305; modified. Cross-References. Temporary injunction, Tenn. R. Civ. P. 65.04. Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Nuisances, § 20. Cited: State ex rel. Webster v. Daugherty, 530 S.W.2d 81, 1975 Tenn. App. LEXIS 172 (Tenn. Ct. App. 1975); Logan v. Ledford, 699 F. Supp. 141, 1988 U.S. Dist. LEXIS 12469 (M.D. Tenn. 1988); Cooper v. Parrish, 20 F. Supp. 2d 1204, 1998 U.S. Dist. LEXIS 14223 (W.D. Tenn. 1998); King of Clubs v. Gibbons, 9 S.W.3d 796, 1999 Tenn. App. LEXIS 372 (Tenn. Ct. App. 1999); Cooper v. Parrish, 203 F.3d 937, 2000 FED App. 47P, 2000 U.S. App. LEXIS 1718 (6th Cir. Tenn. 2000).