Where process in any replevin action is by way of a summons in replevin, said cause shall be triable on its merits upon at least five (5) days process upon the defendant, and said cause shall be triable in termtime or in vacation and at such place as the court may direct. In the event it shall appear at the return day that there is secondary service of process, or less than five (5) days process upon the defendant, the court may enter an order resetting said matter for trial on a future date, so as to insure that said cause will not be tried on its merits except upon a resetting on secondary process or except upon at least five (5) days process upon the defendant. In the event of such order resetting said cause for such later date, it shall not be necessary that further process be served upon the defendant.
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