11-23-15 - Burden of proof on plaintiff; trial of issue. - Mississippi Statutes

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§ 11-23-15. Burden of proof on plaintiff; trial of issue.

On the trial of the issue, the burden of proof shall be on the plaintiff in execution, and the issue shall be tried as in ordinary actions at law, and either party shall have the same rights as in other trials. The jury trying the issue, in case it find in favor of the plaintiff in execution, shall assess the value of the property subject to the execution, and shall certify whether the claim was made for fraudulent purposes or for delay. The valuation of the officer taking the bond of the claimant shall be prima facie evidence of the value of the property; and in case the jury fail to find the value of the property, the plaintiff may, at his election, take judgment for the value as returned by the officer, or have a writ of inquiry.

Sources: Codes, Hutchinson's 1848, ch. 62, art. 1 (25); 1857, ch. 61, art. 298; 1871, § 861; 1880, § 1777; 1892, § 4429; 1906, § 4994; Hemingway's 1917, § 3268; 1930, § 3428; 1942, § 1025.

State Codes and Statutes

Statutes > Mississippi > Title-11 > 23 > 11-23-15

§ 11-23-15. Burden of proof on plaintiff; trial of issue.

On the trial of the issue, the burden of proof shall be on the plaintiff in execution, and the issue shall be tried as in ordinary actions at law, and either party shall have the same rights as in other trials. The jury trying the issue, in case it find in favor of the plaintiff in execution, shall assess the value of the property subject to the execution, and shall certify whether the claim was made for fraudulent purposes or for delay. The valuation of the officer taking the bond of the claimant shall be prima facie evidence of the value of the property; and in case the jury fail to find the value of the property, the plaintiff may, at his election, take judgment for the value as returned by the officer, or have a writ of inquiry.

Sources: Codes, Hutchinson's 1848, ch. 62, art. 1 (25); 1857, ch. 61, art. 298; 1871, § 861; 1880, § 1777; 1892, § 4429; 1906, § 4994; Hemingway's 1917, § 3268; 1930, § 3428; 1942, § 1025.

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State Codes and Statutes

Statutes > Mississippi > Title-11 > 23 > 11-23-15

§ 11-23-15. Burden of proof on plaintiff; trial of issue.

On the trial of the issue, the burden of proof shall be on the plaintiff in execution, and the issue shall be tried as in ordinary actions at law, and either party shall have the same rights as in other trials. The jury trying the issue, in case it find in favor of the plaintiff in execution, shall assess the value of the property subject to the execution, and shall certify whether the claim was made for fraudulent purposes or for delay. The valuation of the officer taking the bond of the claimant shall be prima facie evidence of the value of the property; and in case the jury fail to find the value of the property, the plaintiff may, at his election, take judgment for the value as returned by the officer, or have a writ of inquiry.

Sources: Codes, Hutchinson's 1848, ch. 62, art. 1 (25); 1857, ch. 61, art. 298; 1871, § 861; 1880, § 1777; 1892, § 4429; 1906, § 4994; Hemingway's 1917, § 3268; 1930, § 3428; 1942, § 1025.