95-3-7 - Jurisdiction; procedure; temporary restraining order.
§ 95-3-7. Jurisdiction; procedure; temporary restraining order.
Such action shall be brought in the chancery court of the county in which the property is located, by a verified bill of complaint, stating the facts constituting the nuisance, the names of the parties, the object of the action, a substantial description of the place constituting the alleged nuisance, and a general description of the personal property used in connection therewith. The bill of complaint may contain an application for a temporary injunction, and where such application has been made, the chancery court, the chancellor in vacation, any judge of the circuit court, or a judge of the supreme court, may in his discretion, on good cause shown, on motion of the complainant, issue an ex parte restraining order restraining the defendants and all other persons from removing or in any manner interfering with the personal property and contents of the place where such nuisance is alleged to exist, until the decision of the court granting or refusing such temporary injunction, and until the further order of the court thereon. The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said place or residing therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to such place, or by both such delivery and posting. The officer serving such restraining order shall forthwith make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining such nuisance. When such restraining order is so posted, mutilation or removal thereof, while the same remains in force, shall be a contempt of court, provided such posted order contains thereon a notice to that effect.
Sources: Codes, Hemingway's 1921 Supp, § 2790d; 1930, § 2871; 1942, § 1063; Laws, 1918, ch. 193.