If there be no sheriff in any county, or if good cause of exception exists against him, by reason of his being a party to or interested in the suit, or otherwise, the process may be directed to any justice court judge of the county, who shall be bound to execute the same, and to do all things which the sheriff would be bound to do if no exception existed against him. In case of any neglect or breach of such duty, the justice court judge shall be liable to the same penalties and subject to the same actions and remedies as sheriffs are subject to in like cases.
Structure Mississippi Code
Title 13 - Evidence, Process and Juries
Chapter 3 - Process, Notice, and Publication
§ 13-3-1. Provisions of chapter applicable to all courts
§ 13-3-3. Style and date of process
§ 13-3-15. Separate or additional summons; attachment against estate of defendant
§ 13-3-17. Substitution of parties in case of death of party
§ 13-3-25. Summons by publication for unknown heirs and unknown defendants
§ 13-3-27. Publication of summons
§ 13-3-32. Publication-in what newspaper-presumption of continued qualification
§ 13-3-37. Sheriff to mark and return process
§ 13-3-41. Service on one carrying on business in state by or through trustee or attorney in fact
§ 13-3-49. Service when defendant is a corporation
§ 13-3-53. Service on one of several executors or administrators
§ 13-3-55. Suits by or against partnerships; service on one of several partners
§ 13-3-69. Process not void for certain defects
§ 13-3-73. Plaintiff's options when sheriff kept off by force
§ 13-3-75. Return of alias where first writ served
§ 13-3-77. Process may be executed by an officer out of his county
§ 13-3-81. When justice court judge may execute process
§ 13-3-83. Service of notices, summonses, subpoenas, orders, pleadings, motions, etc.
§ 13-3-85. Notice by summons of motions against officers for neglect of duty
§ 13-3-87. Return of officer may be questioned by parties
§ 13-3-93. Subpoenas for witnesses
§ 13-3-103. Attachment for non-appearing subpoenaed witness
§ 13-3-105. Subpoenaed witness to attend until discharged; scire facias for defaulters
§ 13-3-109. Issuance of process by supreme court and its return
§ 13-3-111. Time when executions shall be issued
§ 13-3-113. Issuance, execution, and return of executions
§ 13-3-115. Issuance of subsequent execution
§ 13-3-117. Issuance of execution against several defendants
§ 13-3-119. Effect of death of one or more of several defendants before issuance of execution
§ 13-3-121. Execution for costs of Supreme Court
§ 13-3-123. Levy of writs of execution and attachments-on land
§ 13-3-125. Levy of writs of execution and attachments - on personalty
§ 13-3-127. Levy of writs of execution and attachments - on choses in action
§ 13-3-129. Levy of writs of execution and attachments - on corporate stock and the like
§ 13-3-131. Levy of writs of execution and attachments - on interest of partners or co-owners
§ 13-3-135. Purchaser's title to certain interests of defendant sold under execution or attachment
§ 13-3-137. Growing crop shall not be levied upon
§ 13-3-139. Lien of executions, and priority thereof
§ 13-3-141. Officer to care for property and allowed expenses
§ 13-3-145. Effect of death of one or more of several plaintiffs before issuance of execution
§ 13-3-147. Assignee of a judgment may have execution
§ 13-3-149. Effect of death of party after execution issued
§ 13-3-151. Execution issued against dead defendant
§ 13-3-153. Motion to revive judgment
§ 13-3-157. When a bond of indemnity shall be required
§ 13-3-159. Remedy on bond of indemnity
§ 13-3-161. Where sales under execution or other process are to be made
§ 13-3-167. Sale of perishable goods
§ 13-3-171. Lands to be sold to be offered in subdivisions and as an entirety
§ 13-3-173. Sale may be adjourned or continued from day to day
§ 13-3-175. Venditioni exponas
§ 13-3-177. Venditioni exponas to issue when officer taking property dies
§ 13-3-181. Duty of officer to examine judgment-roll; priority of liens
§ 13-3-183. Officer to restore money on injunction of execution
§ 13-3-185. How purchaser takes property sold at execution sale
§ 13-3-187. Conveyance of land sold under execution or other process