Dissolution of temporary injunction.
Section 169
SEC. 169. Dissolution of temporary injunction. — If a temporary injunction be granted without notice, the defendant, at any time before the trial, may apply, upon reasonable notice to the adverse party, to the judge who granted the injunction, or to the judge of the court in which the action was brought, to dissolve or modify the same. The application may be based upon the insufficiency of the complaint on which the injunction was granted or upon affidavit on the part of the defendant, with or without an answer. If the application be made upon affidavits upon the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence to substantiate the facts set forth in the complaint, and the judge shall, after hearing, dissolve or modify or continue the injunction as justice may require. If it be made to appear to the judge that great damage will be suffered by the defendant in case the injunction is continued and that the plaintiff can be fully compensated for any damages he may suffer by reason of the continuance of the acts of the defendant during the pendency of the litigation, the judge, in his discretion, may dissolve or modify the injunction, upon the defendant giving an obligation, with sureties to be approved by the judge, that the defendant will pay all damages which the plaintiff may suffer by reason of the continuance during the litigation of the acts complained of.