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Miss. Code Ann. § 11-37-129

Judgment for defendant; default; writ of inquiry

Applied in 1 court decision — leading case 204 So. 3d 1245 - Robert W. STRATTON, Sr. v. Jerry MCKEY (2016)

Most recently applied in 204 So. 3d 1245 - Robert W. STRATTON, Sr. v. Jerry MCKEY (December 2016)

Laws, 1975, ch. 508, § 15, eff from and after passage (approved April 8, 1975

If the judgment be for the defendant, the plaintiff and the sureties on the plaintiff’s bond shall restore to the defendant the property, if to be had, or pay to him the value thereof and any damages for the wrongful suing out of the writ, as assessed upon writ of inquiry. If the defendant shall have made bond for such property, he and his sureties shall be fully discharged and he may recover any damages from the plaintiff and his sureties for the wrongful suing out of said writ. In case the plaintiff make default in prosecuting the replevin action, or be nonsuited, after seizure under writ of replevin, the defendant may have a writ of inquiry to assess the value of the property, or the damages sustained by the wrongful suing out of the writ, or both, as the case may be; and like judgment shall be rendered upon the finding as upon an issue found for him.

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.