In case the plaintiff shall fail to pay the damages and costs awarded to the defendant within ninety (90) days from the date of the rendering of the final judgment, if such judgment is not appealed from, or in case the suit shall be dismissed by the plaintiff except pursuant to settlement, or the judgment be that the plaintiff is not entitled to a judgment condemning property, the defendant may recover of the plaintiff in an action brought therefor all reasonable expenses, including attorneys’ fees, incurred by him in defending the suit.
Miss. Code Ann. § 11-27-37
Right of action for expenses
Applied in 5 court decisions — leading case 592 So. 2d 927 - McDonald's Corp. v. ROBINSON INDUSTRIES (1992)
Most recently applied in Cheryl L. High v. Todd Kuhn (December 2017)
Codes, 1942, § 2749-19; Laws, 1971, ch. 520, § 19; Laws, 1978, ch. 335, § 9; Laws, 1991, ch. 573, § 68, eff from and after July 1, 1991.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.