The defendant may contest, in writing, the answer of the garnishee, and may allege that the garnishee is indebted to him in a larger sum than he has admitted, or that he holds property of his not admitted by the answer, and shall specify in what particular the answer is untrue or defective. Thereupon an issue shall be made up and tried; but the plaintiff may take judgment for the sum admitted by the garnishee, or for the condemnation of the property admitted to be in his hands, notwithstanding the contest.
Miss. Code Ann. § 11-35-47
Contest of garnishee’s answer by defendant
Applied in 4 court decisions — leading case 34 F. Supp. 2d 419 - Boston v. Titan Indemnity Co. (1999)
Most recently applied in Cooper v. Estate of Gatwood (August 2013)
Codes, 1857, ch. 52, art. 32; 1871, § 1449; 1880, § 2452; 1892, § 2146; 1906, § 2354; Hemingway’s 1917, § 1949; 1930, § 1855; 1942, § 2807.
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.