11-51-37 - Judgment on bond to supersede writ of possession. - Mississippi Statutes

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Statutes > Mississippi > Title-11 > 51 > 11-51-37

§ 11-51-37. Judgment on bond to supersede writ of possession.

If the judgment or decree as to the land embraced in the stay of execution obtained under Section 11-51-35 shall be affirmed, the court below, on the receipt of the certificate of the affirmance, shall, after the obligors in the supersedeas bond have been summoned, proceed to inquire, as well of the value of the use and occupation of said land as of the damages by any waste or injury contemplated by the bond. Judgment for the sums assessed shall be rendered against the obligors in the bond, or such as are alive; and if any be dead, like proceedings in all respects may be had as are provided for in other cases of deceased obligors in bonds given in legal proceedings.

Sources: Codes, Hutchinson's 1848, ch. 61, art. 1(88); 1857, ch. 55, art. 19; 1871, § 1556; 1880, § 2327; 1892, § 52; 1906, § 53; Hemingway's 1917, § 29; 1930, § 32; 1942, § 1166; Laws, 1978, ch. 335, § 20, eff from and after July 1, 1978.

State Codes and Statutes

Statutes > Mississippi > Title-11 > 51 > 11-51-37

§ 11-51-37. Judgment on bond to supersede writ of possession.

If the judgment or decree as to the land embraced in the stay of execution obtained under Section 11-51-35 shall be affirmed, the court below, on the receipt of the certificate of the affirmance, shall, after the obligors in the supersedeas bond have been summoned, proceed to inquire, as well of the value of the use and occupation of said land as of the damages by any waste or injury contemplated by the bond. Judgment for the sums assessed shall be rendered against the obligors in the bond, or such as are alive; and if any be dead, like proceedings in all respects may be had as are provided for in other cases of deceased obligors in bonds given in legal proceedings.

Sources: Codes, Hutchinson's 1848, ch. 61, art. 1(88); 1857, ch. 55, art. 19; 1871, § 1556; 1880, § 2327; 1892, § 52; 1906, § 53; Hemingway's 1917, § 29; 1930, § 32; 1942, § 1166; Laws, 1978, ch. 335, § 20, eff from and after July 1, 1978.

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State Codes and Statutes

Statutes > Mississippi > Title-11 > 51 > 11-51-37

§ 11-51-37. Judgment on bond to supersede writ of possession.

If the judgment or decree as to the land embraced in the stay of execution obtained under Section 11-51-35 shall be affirmed, the court below, on the receipt of the certificate of the affirmance, shall, after the obligors in the supersedeas bond have been summoned, proceed to inquire, as well of the value of the use and occupation of said land as of the damages by any waste or injury contemplated by the bond. Judgment for the sums assessed shall be rendered against the obligors in the bond, or such as are alive; and if any be dead, like proceedings in all respects may be had as are provided for in other cases of deceased obligors in bonds given in legal proceedings.

Sources: Codes, Hutchinson's 1848, ch. 61, art. 1(88); 1857, ch. 55, art. 19; 1871, § 1556; 1880, § 2327; 1892, § 52; 1906, § 53; Hemingway's 1917, § 29; 1930, § 32; 1942, § 1166; Laws, 1978, ch. 335, § 20, eff from and after July 1, 1978.