11-33-45 - Property may be replevied. - Mississippi Statutes

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Statutes > Mississippi > Title-11 > 33 > 11-33-45

§ 11-33-45. Property may be replevied.

The defendant, at any time before final judgment, may replevy the personal property seized and taken into possession by the officer serving an attachment, by giving to such officer a bond, with sufficient sureties, to be approved by him, payable to the plaintiff, in double the value of such property, conditioned to have said property forthcoming to answer and abide the judgment of the court in said suit, or, in default thereof, to pay and satisfy the judgment to the extent of the value of said property; and on the execution of such bond, the officer shall restore to the defendant the property so replevied, and shall return the bond so taken with the writ of attachment and all proceedings thereon. Such replevin shall not affect the lien of the attachment, or the proceedings thereon, as to any rights, credits, or choses in action of the defendant.

Sources: Codes, Hutchinson's 1848, ch. 56, art. 4 (10); 1857, ch. 52, art. 8; 1871, § 1439; 1880, § 2427; 1892, § 147; 1906, § 151; Hemingway's 1917, § 143; 1930, § 141; 1942, § 2697.

State Codes and Statutes

Statutes > Mississippi > Title-11 > 33 > 11-33-45

§ 11-33-45. Property may be replevied.

The defendant, at any time before final judgment, may replevy the personal property seized and taken into possession by the officer serving an attachment, by giving to such officer a bond, with sufficient sureties, to be approved by him, payable to the plaintiff, in double the value of such property, conditioned to have said property forthcoming to answer and abide the judgment of the court in said suit, or, in default thereof, to pay and satisfy the judgment to the extent of the value of said property; and on the execution of such bond, the officer shall restore to the defendant the property so replevied, and shall return the bond so taken with the writ of attachment and all proceedings thereon. Such replevin shall not affect the lien of the attachment, or the proceedings thereon, as to any rights, credits, or choses in action of the defendant.

Sources: Codes, Hutchinson's 1848, ch. 56, art. 4 (10); 1857, ch. 52, art. 8; 1871, § 1439; 1880, § 2427; 1892, § 147; 1906, § 151; Hemingway's 1917, § 143; 1930, § 141; 1942, § 2697.

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State Codes and Statutes

Statutes > Mississippi > Title-11 > 33 > 11-33-45

§ 11-33-45. Property may be replevied.

The defendant, at any time before final judgment, may replevy the personal property seized and taken into possession by the officer serving an attachment, by giving to such officer a bond, with sufficient sureties, to be approved by him, payable to the plaintiff, in double the value of such property, conditioned to have said property forthcoming to answer and abide the judgment of the court in said suit, or, in default thereof, to pay and satisfy the judgment to the extent of the value of said property; and on the execution of such bond, the officer shall restore to the defendant the property so replevied, and shall return the bond so taken with the writ of attachment and all proceedings thereon. Such replevin shall not affect the lien of the attachment, or the proceedings thereon, as to any rights, credits, or choses in action of the defendant.

Sources: Codes, Hutchinson's 1848, ch. 56, art. 4 (10); 1857, ch. 52, art. 8; 1871, § 1439; 1880, § 2427; 1892, § 147; 1906, § 151; Hemingway's 1917, § 143; 1930, § 141; 1942, § 2697.