The judgment in favor of the defendant against the plaintiff for the damages assessed and the costs may be pleaded by the defendant as a payment in the same action, or in any other suit on the same cause of action on which the attachment was sued out. An execution shall not be issued on such judgment until after the dismissal of the action or final judgment on the merits. If the action be dismissed, or if, upon a trial on the merits, judgment be in favor of the defendant, without his having obtained the benefit of the judgment in his favor for damages and costs, he shall have execution of said judgment in his favor. If the plaintiff recover in the trial on the merits, and on such trial the defendant did not avail of his judgment against the plaintiff for damages and costs, the greater recovery shall be credited with the sum of the smaller, and judgment shall be rendered by the court in favor of the party to whom the difference may be due.
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