CHAPTER 53. EXTRAORDINARY REMEDIES.
ARTICLE 5. INJUNCTIONS.
§53-5-1. Injunction for protection of property.
An injunction may be awarded to enjoin the sale of property
set apart as exempt in the case of a husband or parent, under
articles eight and nine, chapter thirty-eight of this code, or to
protect any plaintiff in a suit for specific property, pending
either at law or in equity, against injury from the sale, removal,
or concealment of such property.
§53-5-2. Forthcoming bond may be required where removal of
property from state enjoined.
A court or judge awarding an injunction to restrain the
removal of property out of the state may require bond to be given
before such officer and in such penalty as it may direct,
conditioned to have the property forthcoming to abide the future
order or decree of the court, and, unless such bond be given, may
order the officer serving its process to take possession of the
property and keep it until the bond be given, or until the further
order of the court.
§53-5-3. In what courts bill brought.
Jurisdiction of a bill for an injunction to any judgment, act
or proceeding shall, unless it be otherwise specially provided, be
in the circuit court of the county in which the judgment is
rendered, or the act or proceeding is to be done, or is doing, or
is apprehended, and the same may be granted to a judgment of a
justice in like manner and with like effect as to other judgments.
§53-5-4. General jurisdiction of judge to award injunction.
Every judge of a circuit court shall have general jurisdiction
in awarding injunctions, whether the judgment or proceeding
enjoined be in or out of his circuit, or the party against whose
proceeding the injunction be asked reside in or out of the same.
§53-5-5. Injunction by judge of supreme court of appeals.
When a circuit court, or a judge thereof, shall refuse to
award an injunction, a copy of the orders entered in the
proceedings in court, and the original papers presented to the
court or to the judge in vacation with his order of refusal, may be
presented to the supreme court of appeals, or a judge thereof in
vacation, who may thereupon award the injunction.
§53-5-6. Injunction by circuit court or judge where award thereof
refused by court of limited jurisdiction.
When a court of limited jurisdiction authorized to grant
injunctions, or a judge thereof, shall refuse to award an
injunction, a copy of the orders entered in the proceedings in
court, and the original papers presented to the court or to the
judge in vacation, with his order of refusal, may be presented to
the circuit court of the county in which such court of limited
jurisdiction is, or to the judge of such circuit court in vacation,
who may thereupon award the injunction.
§53-5-7. To what clerk order for injunction directed.
Every order awarding an injunction by a court or judge other
than the court or judge in which or before whom it is to be heard
shall be directed to the clerk of the court in which it is to be
§53-5-8. Equity of plaintiff to be shown by affidavit or
otherwise; notice to adverse party; hearing after
injunction awarded or denied; certification of
No injunction shall be awarded in vacation nor in court, in a
case not ready for hearing, unless the court or judge be satisfied
by affidavit or otherwise of the plaintiff's equity; and any court
or judge may require that reasonable notice shall be given to the
adverse party, or his attorney at law, or in fact, of the time and
place of moving for it, before the injunction is awarded, if in the
opinion of the court or judge it be proper that such notice should
After an injunction is awarded or denied in any such case, at
any time prior to final adjudication, any party to the proceedings,
after reasonable notice to all other parties of record, which
notice shall not in any case exceed five days, may move for a
hearing on any particular issues or phases of the case which may
properly be heard interlocutorily. Such hearing may, in the
discretion of the court or judge, be had at the time the motion is
made but shall be commenced within the ten days next thereafter,
unless by consent of all parties appearing the hearing is continued
until a later date. At any such hearing, in term time or in
vacation, any party to the proceedings may be present in person or
by counsel and may present such witnesses, cross-examine witnesses
and offer such testimony and evidence as may be pertinent to the
issues then before the court or judge, as the case may be. The
court or judge, upon such hearing and the record in the case, shall render a decision without delay, and may continue or dismiss the
injunction or may enlarge or modify the same, as may be warranted.
Questions may be certified and appeals may be taken in
injunction proceedings as in any other cases in equity.
§53-5-9. Injunction bond.
An injunction (except in the case of any personal
representative, or other person from whom, in the opinion of the
court or judge awarding the same, it may be improper to require
bond) shall not take effect until bond be given in such penalty as
the court or judge awarding it may direct, with condition to pay
the judgment or decree (proceedings on which are enjoined) and all
such costs as may be awarded against the party obtaining the
injunction, and also such damages as shall be incurred or sustained
by the person enjoined, in case the injunction be dissolved, and
with a further condition, if a forthcoming bond has been given
under such judgment or decree, to indemnify and save harmless the
sureties in such forthcoming bond and their representatives against
all loss or damages in consequence of such suretyship; or, if the
injunction be not to proceedings on a judgment or decree, with such
condition as such court or judge may prescribe. The bond shall be
given before the clerk of the court in which such judgment or
decree is, and in other cases before the clerk of the court in
which the suit is wherein the injunction is awarded. If the bond
be not given before the summons is issued, the clerk shall indorse
thereon that the injunction is not to take effect until the bond is
given, and the clerk who afterwards takes the bond shall indorse on
the summons that it is given.
§53-5-10. How surety in forthcoming bond may obtain additional
Any surety in such forthcoming bond, or his personal
representative, may move for and obtain an order for other or
additional security, in like manner as a defendant in the
injunction may do.
§53-5-11. Dissolution of injunction in vacation.
The judge of any court in which a case is pending wherein an
injunction is awarded may, in vacation, dissolve such injunction,
after reasonable notice to the adverse party. His order for
dissolution shall be directed to the clerk of such court, who shall
record the same in the order book.
§53-5-12. Damages on dissolution; liability of sureties on
When an injunction to stay proceedings on a judgment or decree
for money is dissolved, wholly or in part, there shall be decreed
to the party having such judgment or decree damages, in lieu of
interest, at the rate of ten percent per annum, from the time the
injunction took effect until such dissolution thereof, on the
amount of principal, interest, and costs due on the judgment or
decree, proceedings on which are enjoined, and, if a forthcoming
bond has been taken in the case, the amount on which such damages
shall be paid shall be the sum due on such bond. And in all cases
the court or judge dissolving the injunction shall ascertain and
enter in the decree of dissolution the amount of principal,
interest, damages and costs, including officer's fees and
commissions due on the judgment or decree, at the date of the
dissolution of the injunction, and shall award execution therefor
against the defendant in the judgment or decree, proceedings on
which were enjoined, or their personal representatives, with
interest thereon from that day till paid, and the costs incurred by
the defendant in the injunction in defending the same. And if a
forthcoming bond has been given in the case, and the same has been
or shall be forfeited, the sureties therein shall be liable for the
costs incurred by the defendant in the injunction, as aforesaid,
and, to the extent of their liability on such forthcoming bond, for
whatever sum remains unpaid on the execution so awarded.
§53-5-13. Dismissal of bill for injunction.
Where an injunction is wholly dissolved, the bill shall be
dismissed with costs, unless sufficient cause be shown against such
Note: WV Code updated with legislation passed through the 2016 Regular Session
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