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Damages - Injunction Bond - Attorney's Fees As Damages, Harold P. Graves, Raymond H. Rapaport

Michigan Law Review

Frequently, when a litigant seeks to establish rights with respect to particular property, it is possible for the opposing party so to act with respect to the property involved, while litigation is pending, as to deprive the plaintiff of the substantial benefit of his remedy should he prevail. Consequently, on prima facie showing of right, courts of equity will grant a temporary injunction to "freeze" the situation until the rights of the parties are finally determined. Since the temporary injunction is issued without a final determination of the rights of the parties, the enjoined party is deprived of dominion over …