Section 6315. Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order  


Latest version.
  • The  damages  sustained  by
      reason of a preliminary injunction or temporary restraining order may be
      ascertained  upon motion on such notice to all interested persons as the
      court shall direct. Where the defendant enjoined was  an  officer  of  a
      corporation  or  joint-stock  association or a representative of another
      person, and the amount of the undertaking exceeds the damages  sustained
      by  the  defendant  by reason of the preliminary injunction or temporary
      restraining  order,  the  damages   sustained   by   such   corporation,
      association  or  person  represented,  to the amount of such excess, may
      also be ascertained. The amount of damages so ascertained is  conclusive
      upon  all  persons  who  were  served with notice of the motion and such
      amount may be recovered by the person entitled  thereto  in  a  separate
      action.