US Lawyer Database

§ 11-9-125. Setoff filed on return day before trial

The defendant in any action shall, on or before the return day of the summons, and before the trial of the case, file with the justice court judge to whom the case is assigned the evidence of debt, statement of account, or other written statement of the claim, if any, which he may desire to […]

§ 11-9-127. Trial and judgment; execution

On the return day of the summons, unless continued, the justice court judge shall hear and determine the cause if both parties appear; give judgment by default if the defendant fails to appear and contest plaintiff’s demand, or judgment of nonsuit against the plaintiff if he fails to appear and prosecute his claim; enter judgment […]

§ 11-9-129. Judgment operates as a lien if enrolled

Judgments rendered by justices of the peace shall operate as a lien upon the property, real or personal, of the defendant or defendants therein, found or situated in the county where rendered, or in any other county where the same may be, which is not exempt by law from execution, if an abstract of the […]

§ 11-9-131. Execution not to be issued within ten days

An execution shall not issue on any judgment of a justice of the peace until ten days after its rendition, unless the party recovering therein shall make and file an affidavit that he believes he will be in danger of losing his debt or demand by such delay, in which case execution shall issue immediately; […]

§ 11-9-115. Witnesses to be subpoenaed

The justice court judge before whom any cause is pending shall direct the clerk of the justice court to issue all subpoenas for witnesses which either of the parties may require, and such subpoenas shall be returnable on a day certain, giving reasonable time for attendance. If any witness, duly subpoenaed, shall fail to appear […]

§ 11-9-117. Form of entry on default of witness

The judgment nisi against a defaulting witness, may be in the following form, viz.: ” , being subpoenaed to appear this day as a witness for , the , in the case of v. , No. , and having made default, judgment is given against said , the defaulting witness, for ten dollars, in favor […]

§ 11-9-119. Form of scire facias for witness

The scire facias to be issued by the justice for a defaulting witness may be as follows, viz.: “The State of Mississippi. “To any lawful officer of County: “This is to command you to make known to that a judgment in favor of for ten dollars has been given against him by me, a justice […]

§ 11-9-1. Writs returnable to other courts may be made returnable to county court; acts of justice court judge, clerk, judge, chancellor, or other officer may be done in behalf of county court

Whenever under any statute a writ is made returnable to, or the institution of any suit or proceeding is required to be in, a justice court, general or special, or a circuit or chancery court, or when in respect to such matters any justice court judge, or clerk, or judge or chancellor, or other officer, […]

§ 11-9-3. Venue of actions, suits and proceedings

The venue of actions, suits and proceedings in the county court shall be the same as that now generally provided, or which may hereafter be provided with respect to the particular action, suit or proceedings. Provided, however, that all suits and matters filed in the county court which, if there were no county court, would […]