55-216 - Waste committed during pendency of suit.
§ 55-216. Waste committed during pendency of suit.
If the tenant in possession of land, pending any suit to recover or chargethe same, with knowledge of such suit, commit any waste on the land, thecourt in which the suit is, or the judge of the court in vacation, may, onpetition of the plaintiff alleging such waste, verified by oath, and afterreasonable notice to the tenant, make an order forbidding the tenant tocommit further waste on the land during the pendency of the suit anddisobedience of the order by the tenant, after he shall have been served witha copy thereof, may be punished as a contempt by the court in term or by thejudge in vacation; but it shall be provided in the order aforesaid that it isnot to take effect until the plaintiff, or someone for him, shall have givenbond with sufficient surety before the court or the clerk thereof in hisoffice, in such penalty as the court or judge thereof shall prescribe, withcondition to pay to the tenant, in case the plaintiff does not succeed inrecovering or charging the land, such damages as may accrue to the tenant inconsequence of such order. If the plaintiff succeed in recovering or chargingthe land, he may recover in an action on the case against him who committedthe waste three times the amount of the damages assessed therefor.
(Code 1919, § 5511.)