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Mississippi Code 1972 (2023)
Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7)
Chapter 33 - ATTACHMENT AT LAW AGAINST DEBTORS (§§ 11-33-1 — 11-33-107)
Section 11-33-89 - Property assessment and judgment in certain cases

Universal Citation:
MS Code § 11-33-89 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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If the personal property attached, or any part thereof, shall have been replevied by the defendant, the court or jury trying the issue between the parties, if it find for the plaintiff, shall assess the value of the property so replevied by the defendant, as well as the debt or damages due the plaintiff. If the value of the property shall equal the amount found due the plaintiff, judgment shall be entered against the defendant and his sureties in such replevin bond, for the amount of said value. If the value of the property be less than the amount found due the plaintiff, judgment shall be entered against the defendant for the amount of the verdict, and against the sureties in his replevin bond for the value of the property so replevied. If judgment by default shall be entered in such case against the defendant, an inquiry shall be awarded to assess the value of the property so replevied; and on the execution thereof judgment shall be rendered as above provided. In all cases, the judgment against the sureties of the defendant shall be satisfied and discharged by the delivery to the sheriff of the property replevied within ten days after execution on such judgment shall have come to his hands; and the sheriff shall sell the property so delivered to him, and apply the proceeds to the payment of the execution.

Codes, 1857, ch. 52, art. 9; 1871, § 1448; 1880, § 2455; 1892, § 167; 1906, § 172; Hemingway's 1917, § 164; 1930, § 162; 1942, § 2718.

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