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.
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