The defendant in attachment may, as a defense in his answer, traverse the truth of the alleged grounds upon which the attachment was sued out. Upon such defense being filed, the court, in its discretion, upon motion of either or any party, may order a jury to be empaneled to try the issue, or it may submit such issue to the jury empaneled to try the case on its merits. If the jury shall find for the defendant, it shall assess damages against the plaintiff for wrongfully suing out the same.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 33 - Attachment at Law Against Debtors
§ 11-33-3. Suit against one or more debtors among joint debtors
§ 11-33-5. Attachment against partners
§ 11-33-7. Attachments against nonresidents jointly indebted
§ 11-33-9. Grounds for attachment-affidavit
§ 11-33-15. Bond excepted to: new bond and affidavit
§ 11-33-21. Duplicate and alias writs
§ 11-33-23. Writ to be served, on what, and what bound by the levy
§ 11-33-25. The defendant to be summoned
§ 11-33-27. Proceeding when levy by other than sheriff
§ 11-33-29. Attachment may be issued and served on Sunday
§ 11-33-31. Return of writ and bonds
§ 11-33-33. Ancillary attachment
§ 11-33-35. Attachment for debt not due
§ 11-33-37. Publication of notice
§ 11-33-39. When publication unnecessary
§ 11-33-41. Form of notice required
§ 11-33-43. In absence of newspaper
§ 11-33-45. Property may be replevied
§ 11-33-47. Form of bond for replevin of goods
§ 11-33-49. But one bond required
§ 11-33-51. Execution against sureties
§ 11-33-55. One satisfaction releases sureties
§ 11-33-57. Prior attachment from another court
§ 11-33-59. Bond to discharge attachment for a debt due
§ 11-33-61. Form of bond to discharge attachment for debt due
§ 11-33-63. Bond to discharge attachment for a debt not due
§ 11-33-65. Form of bond to discharge attachment for debt not due
§ 11-33-67. Officer bound if bond insufficient
§ 11-33-69. Claim of third person to attached property
§ 11-33-71. Property in danger of waste to be sold pending suit
§ 11-33-73. How certain other property may be sold pending suit
§ 11-33-75. Death of defendant does not abate action
§ 11-33-77. The declaration and subsequent pleadings
§ 11-33-79. Judgment by default
§ 11-33-81. Defendant may defend without replevying property
§ 11-33-83. Answer traversing truth of alleged attachment grounds; trial of issue
§ 11-33-85. Answer traversing truth of alleged attachment grounds; damages in favor of defendant
§ 11-33-89. Property assessment and judgment in certain cases
§ 11-33-91. Voluntary dismissal and damages
§ 11-33-93. Judgment in case debt not due
§ 11-33-95. Judgment for damages pleadable as payment
§ 11-33-97. Discharge of attachment not to affect action
§ 11-33-99. Attachment preserved by appeal
§ 11-33-101. Intervention by other creditors