Miss. Code § 11-33-19

Current through the 2024 Regular Session
Section 11-33-19 - Form of the writ

The writ shall be in the form or to the effect following, to wit:

"THE STATE OF MISSISSIPPI

"To the sheriff or any constable of ____________________ county, greeting:

"Whereas, AB (or agent or attorney of AB) hath complained on oath to ____________________ one of the judges of the Supreme Court (or other officer as the case may be) that CD is justly indebted to the said AB to the amount of ____________________ and that the said CD is a nonresident, etc. (reciting the affidavit) and bond and security having been given according to the statute:

"We therefore command you that you attach the said CD by his estate, re al and personal, in your county to the value of the said demand and costs of suit, and that you safely keep the same according to law, so as to compel the said CD to appear before the ____________________ court (or before the court of ____________________, a justice court judge of ____________________ county), to be held at ____________________, in and for the county of ____________________, on the ____________________ Monday of ____________________, to answer the above complaint. And that you summon the said CD, if to be found in your county, to appear and answer accordingly; and have there then this writ, with your proceedings thereon.

"Witness my hand, this ____________________ day of ____________________, A.D. ____________________."

The writ shall be signed by the officer granting the same or, if issued by a clerk or his deputy, shall be dated, signed and sealed as other writs; and an attachment shall not be quashed or abated for want of form if the substantial matters expressed in the foregoing precedent be contained therein; and on the demand of the plaintiff said writ may embody a garnishment.

Miss. Code § 11-33-19

Codes, 1857, ch. 52, art. 6; 1871, § 1429; 1880, § 2419; 1892, § 134; 1906, § 138; Hemingway's 1917, § 130; 1930, § 128; 1942, § 2684; Laws, 1981, ch. 471, § 35; Laws, 1982, ch. 423, § 28; Laws, 1986, ch. 459, § 24, eff. 7/1/1986.