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Miss. Code Ann. § 13-3-37

Sheriff to mark and return process

Applied in 1 court decision — leading case R. Clinton Construction Co. v. Bryant & Reaves, Inc. (1977)

Most recently applied in R. Clinton Construction Co. v. Bryant & Reaves, Inc. (December 1977)

Codes, 1857, ch. 61, art. 63; 1871, § 700; 1880, § 1526; 1892, § 3429; 1906, § 3928; Hemingway’s 1917, § 2935; 1930, § 2981; 1942, § 1862; Laws, 1991, ch. 573, § 97, eff from an…

The sheriff shall mark on all process the day of the receipt thereof by him, and he shall return the same promptly and in any event within the time during which the person served must respond to the process, with a written statement of his proceedings thereon, and of his fees, for serving it. For failing to note the time of the receipt of process, or for failing to return the same, the sheriff shall forfeit to the party aggrieved the sum of One Hundred Dollars ($100.00), and shall be liable for all damages, and the court may enforce return of the process by fine and imprisonment for contempt. Whenever a sheriff of any county shall receive from another county any writ or other process directed to him, he shall not be liable for a failure to return the same to the county from which the same was issued if he shall show to the court that he mailed the same in the post office, directed to the clerk of the court by whom the same was issued, at least two (2) days before the sitting of the court to which the same was returnable.

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.