Mississippi Code
Chapter 37 - Replevin
§ 11-37-129. Judgment for defendant; default; writ of inquiry

If the judgment be for the defendant, the plaintiff and the sureties on the plaintiff's bond shall restore to the defendant the property, if to be had, or pay to him the value thereof and any damages for the wrongful suing out of the writ, as assessed upon writ of inquiry. If the defendant shall have made bond for such property, he and his sureties shall be fully discharged and he may recover any damages from the plaintiff and his sureties for the wrongful suing out of said writ. In case the plaintiff make default in prosecuting the replevin action, or be nonsuited, after seizure under writ of replevin, the defendant may have a writ of inquiry to assess the value of the property, or the damages sustained by the wrongful suing out of the writ, or both, as the case may be; and like judgment shall be rendered upon the finding as upon an issue found for him.

Structure Mississippi Code

Mississippi Code

Title 11 - Civil Practice and Procedure

Chapter 37 - Replevin

§ 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

§ 11-37-107. Venue

§ 11-37-109. The writ

§ 11-37-111. Form of the writ

§ 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

§ 11-37-133. Form of summons

§ 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

§ 11-37-147. Jury trial

§ 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