§ 95-3-11. Temporary injunction; further orders.
461 words·~2 min read·
/ms/title-95-torts/chapter-3-nuisances/95-3-11·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If, upon the hearing, the allegations be sustained to the satisfaction of the court, the court shall issue a temporary injunction restraining the defendants and any other person or persons from continuing the nuisance. When the temporary injunction has been granted, it shall be binding on the defendants throughout the chancery district. If at the time of granting a temporary injunction it shall further appear that the person owning, in control, or in charge of the nuisance so enjoined, has received five
(5)days’ notice of the hearing, then unless such person shall show to the satisfaction of the court or judge that the nuisance complained of has been abated, or that such person proceeded forthwith to enforce his rights under the provisions of this chapter, the court or judge shall forthwith also issue an order closing the place for any purpose until decision shall be rendered on the application for a permanent injunction. Such order shall also continue in effect for such further period the restraining order above provided, if already issued, or if not issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located thereat or therein as hereinbefore provided, and such restraining order shall be served and the inventory of such property shall be made and filed as hereinbefore provided. However, if the owner or owners of any real or personal property so closed or restrained, or to be closed or restrained, appear at any time between the filing of the bill of complaint and the hearing on the application for a permanent injunction, and pay all costs incurred and file a bond by the owner of the real property with sureties to be approved by the clerk in the full value of the property to be ascertained by the clerk, conditioned that such owner or owners will immediately abate the nuisance and prevent same from being established or kept until the decision of the court shall have been rendered on the application for a permanent injunction, then and in that case, the court, or judge in vacation, if satisfied of the good faith of the owner of the real property and of innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance, and that, with reasonable care and diligence, such owner could not have known thereof, shall deliver such real or personal property or both to the respective owners thereof, and cancel or refrain from issuing at the time of the hearing on the application for the temporary injunction, as the case may be, any order or orders closing such real property or restraining the removal or interference with such personal property.