Section 29-23-104 - Assessment of penalty for injurious injunction(a) In cases where the court is of the opinion that the party enjoined has suffered a substantial injury, but that damages are speculative or incapable of ascertainment under legal rules, it may, on dissolution, in its sound discretion, assess and decree against the party suing out the writ a penalty in favor of the party enjoined.(b) If this discretion is exercised by the chancellor it shall be reviewable on appeal.Code 1932, § 10555; T.C.A. (orig. ed.), § 23-1913.