If the return of the officer on the writ shows a failure to take the goods and chattels, but the defendant has been summoned, the plaintiff may declare and prosecute the action for the recovery of the value of the property, and damages for the taking or detention of the property, as if he had thus commenced his action, and the plaintiff and his sureties shall, upon motion, be discharged on their bond.
Structure Mississippi Code
Title 11 - Civil Practice and Procedure
§ 11-37-101. How replevin commenced; immediate seizure of property sought
§ 11-37-103. Judge may determine value of bond
§ 11-37-105. Form of plaintiff's replevin bond
§ 11-37-113. How writ may be executed
§ 11-37-115. Property restored to defendant on bond
§ 11-37-117. Form of return of officer
§ 11-37-119. New bond may be required of plaintiff
§ 11-37-121. When property not taken, plaintiff may elect to recover damages
§ 11-37-123. Duplicate, alias, and pluries writs or process, and publication
§ 11-37-125. Trial of replevin actions
§ 11-37-127. Judgment for plaintiff
§ 11-37-129. Judgment for defendant; default; writ of inquiry
§ 11-37-131. How replevin commenced-immediate seizure of property not sought
§ 11-37-135. How summons shall be executed
§ 11-37-137. Contempt of defendant for concealing or disposing of property
§ 11-37-139. Resettlement of action for trial on a future date
§ 11-37-141. Judgment for plaintiff where property not previously seized
§ 11-37-143. Judgment for defendant where property not previously seized
§ 11-37-145. Replevin actions to be treated as preference cases
§ 11-37-149. Claim of property by third person
§ 11-37-151. Claim of property by third person-issue, trial and judgment
§ 11-37-153. Laws applicable in case of death
§ 11-37-155. Replevin not maintainable in certain cases
§ 11-37-157. Replevin cumulative and additional to all other actions