The jurisdiction of the justice court shall be coextensive with its county, and any process may be issued in matters within its jurisdiction, to be executed in any part of the county. Every defendant may be sued only in the county in which he resides or where the cause of action arose and if a […]
In suits or proceedings against two (2) or more defendants, jointly or jointly and severally liable, it shall be lawful to bring the suit in the justice court of the county wherein either of the defendants reside or where the cause of action arose; and such justice court shall have power to issue a summons […]
Anyone desiring to sue in the justice court shall lodge with the clerk of the justice court the evidence of debt, statement of account, or other written statement of the cause of action. The clerk shall record all filings and shall, as far as practicable, assign the cases to each justice court judge in the […]
When any process has not been returned by a constable within ten (10) working days after issuance by the clerk of the justice court, the clerk shall direct the sheriff of his county and his deputies to execute any such process of the justice court; and the sheriff and his deputies shall execute any process […]
In cases of emergency, and where a constable or sheriff or deputy sheriff cannot be had in time, the clerk of the justice court may appoint some reputable person to execute any process, the clerk to be liable on his bond for all damage which may result to a party to the cause or other […]
Property seized in execution of any process by one appointed by the clerk of the justice court to execute it shall be immediately delivered, with the process, to the sheriff of the county; and the person from whom the property was taken shall be at once informed who has it. Such property shall be considered […]
The process so delivered to the sheriff or constable shall be returned by him to the clerk of the justice court, according to its command.
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 […]
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 […]
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 […]
An attachment for a witness may be in the following form, viz.: “The State of Mississippi. “To any lawful officer of County: “We command you to take the body of , and have him before the undersigned justice of the peace of County, at , on the day of , A. D. at o’clock , […]
The entry of final judgment in such case may be in the following form, viz.: ” being duly summoned to appear and show cause against the judgment nisi for ten dollars entered against him in favor of , as a defaulting witness in the case of v. No. on the day of A. D. , […]
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 […]
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 […]
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 […]
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; […]
An execution may be in the following form, viz.: “The State of Mississippi. “To any lawful officer of county: “We command you that of the real and personal estate of you cause to be made dollars, adjudged by the undersigned, justice of the peace of the county of in said state, on the day of […]
Proceedings in replevin, attachment, trial of a claim to property levied on, and for the enforcement of statutory liens before justices of the peace, shall be, as far as practicable, according to those in the circuit courts, in all like cases.
When any suit brought before a justice of the peace shall be finally decided on its merits by the justice, it shall be a bar to a recovery for the same cause of action or setoff in any other suit.
If the party against whom judgment is given, shall, within ten days thereafter, procure some responsible person to appear before the justice, and in writing, to be entered on the docket of the justice and signed by such person, consent to become surety therefor, the justice shall grant a stay of execution for thirty days […]
