MCA Chapter 7

in effect

Miss. Code Ann. § 11-7-1 Provisions applicable to all courts.

All things contained in this chapter, not restricted by their nature or by express provision to particular courts, shall be the rules of decision and proceeding in all courts whatsoever.

Miss. Code Ann. § 11-7-3 Assignee of chose in action may sue.

The assignee of any chose in action may sue for and recover on the same in his own name, if the assignment be in writing. In case of a transfer or an assignment of any interest in such chose in action before or after suit brought, the action may be begun, prosecuted and continued in the name of the original party, or the court may allow the person to whom the transfer or assignment of such interest has been made, upon his application therefor, to be substituted as a party plaintiff in said action. If in any case a transfer or assignment of interest in any demand or chose in action be made in writing before or after suit is filed, to an attorney or firm of attorneys, appearing in the case, it shall be sufficient notice to all parties of such assignment or transfer, if such assignment or transfer be filed with the papers in said cause, and such attorney or attorneys shall not be required to be made parties to said suit. An “assignee” for purposes of this section includes both absolute assignees, with or without recourse, and conditional or limited assignees including assignees for collection purposes.

Miss. Code Ann. § 11-7-5 Assignee’s action not prejudicial by set-off.

A setoff or other defense existing under Section 11-7-3 at the time of or before notice of the assignment shall not be prejudiced thereby.

Miss. Code Ann. § 11-7-7 Transfer of chose in action after filing.

Any chose in action or any interest therein, after suit has been filed thereon, may be sold or assigned the same as other property, whether such claim or any interest therein was heretofore assignable under the laws of this state or not. Such sale shall be evidenced by writing signed and acknowledged by the party making the same, which shall be filed with the papers of such suit. After such filing, it shall be the duty of the clerk, in whose office such papers are kept, to make a minute of such sale or transfer on the trial docket where the suit is entered, giving briefly the substance thereof, for which he shall be entitled to a fee of Twenty-five Cents (25¢), to be paid by the party applying therefor. Such transfer when so made and dealt with shall be valid and binding upon all persons thereafter dealing with such claim, whether they have actual notice thereof or not.

Miss. Code Ann. § 11-7-9 Action for seduction of a woman.

An unmarried female may prosecute an action for her own seduction, and recover damages.

Miss. Code Ann. § 11-7-11 Action for seduction of a child.

A parent may bring an action for the seduction of a child, although such child be not living with nor in the service of the plaintiff, and though there be no loss of service; but a recovery by the parent or child shall bar any other action for the same cause.

Miss. Code Ann. § 11-7-12 Civil penalty recoverable for violation of bad check statute; applicability to electronic transfers of funds.

If a check, draft or order is made, drawn, issued, uttered or delivered in violation of Section 97-19-55, the payee, endorser or his assignee shall be entitled to collect, in addition to the face amount of the check, draft or order, a service charge of Forty Dollars ($40.00). In any civil action founded on a check, draft or order made, drawn, issued, uttered or delivered in violation of Section 97-19-55, the plaintiff, if he be a payee, endorser, holder or assignee, shall be entitled to recover, in addition to the face amount of the check, draft or order, damages in the following amount: If the amount of the check, draft or order is up to and including Twenty-five Dollars ($25.00), then the additional damages shall be: A service charge of Thirty Dollars ($30.00); and In the event suit is filed by a licensed attorney, reasonable attorney’s fees as determined by the judge. If the amount of the check, draft or order is above Twenty-five Dollars, then the additional damages shall be: A service charge of Forty Dollars ($40.00); and In the event suit is filed by a licensed attorney, reasonable attorney’s fees as determined by the judge. The payee, endorser, holder or assignee of a check, draft or order may claim in a single civil action all checks, drafts or orders made, drawn, issued, uttered or delivered in violation of Section 97-19-55 by a single drawer without regard to venue or the identity or number of payees on those instruments. The provisions of this section shall also apply to electronic transfers of funds.

Miss. Code Ann. § 11-7-13 Actions for injuries producing death.

Whenever the death of any person or of any unborn quick child shall be caused by any real, wrongful or negligent act or omission, or by such unsafe machinery, way or appliances as would, if death had not ensued, have entitled the party injured or damaged thereby to maintain an action and recover damages in respect thereof, or whenever the death of any person or of any unborn quick child shall be caused by the breach of any warranty, express or implied, of the purity or fitness of any foods, drugs, medicines, beverages, tobacco or any and all other articles or commodities intended for human consumption, as would, had the death not ensued, have entitled the person injured or made ill or damaged thereby, to maintain an action and recover damages in respect thereof, and such deceased person shall have left a widow or children or both, or husband or father or mother, or sister, or brother, the person or corporation, or both that would have been liable if death had not ensued, and the representatives of such person shall be liable for damages, notwithstanding the death, and the fact that death was instantaneous shall in no case affect the right of recovery. The action for such damages may be brought in the name of the personal representative of the deceased person or unborn quick child for the benefit of all persons entitled under the law to recover, or by widow for the death of her husband, or by the husband for the death of the wife, or by the parent for the death of a child or unborn quick child, or in the name of a child, or in the name of a child for the death of a parent, or by a brother for the death of a sister, or by a sister for the death of a brother, or by a sister for the death of a sister, or a brother for the death of a brother, or all parties interested may join in the suit, and there shall be but one (l) suit for the same death which shall ensue for the benefit of all parties concerned, but the determination of such suit shall not bar another action unless it be decided on its merits. Except as otherwise provided in Section 11-1-69, in such action the party or parties suing shall recover such damages allowable by law as the jury may determine to be just, taking into consideration all the damages of every kind to the decedent and all damages of every kind to any and all parties interested in the suit. This section shall apply to all personal injuries of servants and employees received in the service or business of the master or employer, where such injuries result in death, and to all deaths caused by breach of warranty, either express or implied, of the purity and fitness of foods, drugs, medicines, beverages, tobacco or other articles or commodities intended for human consumption. Any person entitled to bring a wrongful death action may assert or maintain a claim for any breach of expressed warranty or for any breach of implied warranty. A wrongful death action may be maintained or asserted for strict liability in tort or for any cause of action known to the law for which any person, corporation, legal representative or entity would be liable for damages if death had not ensued. In an action brought pursuant to the provisions of this section by the widow, husband, child, father, mother, sister or brother of the deceased or unborn quick child, or by all interested parties, such party or parties may recover as damages property damages and funeral, medical or other related expenses incurred by or for the deceased as a result of such wrongful or negligent act or omission or breach of warranty, whether an estate has been opened or not. Any widow, husband, child, father, mother, sister or brother of the deceased or unborn quick child, or interested party may bring an action pursuant to the provisions of this section outside an estate, regardless of whether there are real or personal assets of an estate. Any amount, but only such an amount, as may be recovered for property damage, funeral, medical or other related expenses shall be subject only to the payment of the debts or liabilities of the deceased for property damages, funeral, medical or other related expenses. All other damages recovered under the provisions of this section shall not be subject to the payment of the debts or liabilities of the deceased, except as hereinafter provided, and such damages shall be distributed as follows: Damages for the injury and death of a married man shall be equally distributed to his wife and children, and if he has no children all shall go to his wife; damages for the injury and death of a married woman shall be equally distributed to the husband and children, and if she has no children all shall go to the husband; and if the deceased has no husband or wife, the damages shall be equally distributed to the children; if the deceased has no husband, nor wife, nor children, the damages shall be distributed equally to the father, mother, brothers and sisters, or such of them as the deceased may have living at his or her death. If the deceased have neither husband, nor wife, nor children, nor father, nor mother, nor sister, nor brother, then the damages shall go to the legal representative, subject to debts and general distribution, and the fact that the deceased was instantly killed shall not affect the right of the legal representative to recover. All references in this section to children shall include descendants of a deceased child, such descendants to take the share of the deceased child by representation. There shall not be, in any case, a distinction between the kindred of the whole and half blood of equal degree. The provisions of this section shall apply to illegitimate children on account of the death of the mother and to the mother on account of the death of an illegitimate child or children, and they shall have all the benefits, rights and remedies conferred by this section on legitimates. The provisions of this section shall apply to illegitimate children on account of the death of the natural father and to the natural father on account of the death of the illegitimate child or children, and they shall have all the benefits, rights and remedies conferred by this section on legitimates, if the survivor has or establishes the right to inherit from the deceased under Section 91-1-15. Any rights which a blood parent or parents may have under this section are hereby conferred upon and vested in an adopting parent or adopting parents surviving their deceased adopted child, just as if the child were theirs by the full-blood and had been born to the adopting parents in lawful wedlock. The list of persons in this section who may bring a wrongful death action is exclusive and only those persons shall be considered interested parties who are entitled to bring an action under this section. A defendant in an action under this section is authorized within ninety (90) days of filing an answer, to request that the plaintiff initiate the process of determining heirs. Such determination must be resolved before commencement of trial.

Miss. Code Ann. § 11-7-15 Contributory negligence no bar to recovery of damages; jury may reduce damages.

In all actions hereafter brought for personal injuries, or where such injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property, or person having control over the property may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured, or the owner of the property, or the person having control over the property.

Miss. Code Ann. § 11-7-17 Questions of negligence and contributory negligence for jury.

All questions of negligence and contributory negligence shall be for the jury to determine.

Miss. Code Ann. § 11-7-18 Limitation of remedies or disclaimer of liability as to certain implied warranties in sale to consumer of consumer goods prohibited.

Except as otherwise provided in Sections 75-2-314, 75-2-315 and 75-2-719, there shall be no limitation of remedies or disclaimer of liability as to any implied warranty of merchantability or fitness for a particular purpose in a sale to a consumer, as defined in Section 75-1-201(b)(11), of consumer goods, as defined in Section 75-9-102(a)(23). The provisions of this section may not be waived or varied by agreement.

Miss. Code Ann. § 11-7-19 No assumption of risk by employee when the master is negligent; exception as to certain employees.

In all actions for personal injury to an employee, and in all actions where such injury results in death, such employee shall not be held to have assumed the risks of his employment in any case where such injury or death results in whole or in part from the negligence of the master. This rule shall not apply to conductors, or locomotive engineers, in charge of dangerous or unsafe cars or engines voluntarily operated by them.

Miss. Code Ann. § 11-7-20 Privity unnecessary to maintain actions in negligence, strict liability or breach of warranty.

In all causes of action for personal injury or property damage or economic loss brought on account of negligence, strict liability or breach of warranty, including actions brought under the provisions of the Uniform Commercial Code, privity shall not be a requirement to maintain said action.

Miss. Code Ann. § 11-7-21 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-7-21 . [Codes, 1857, ch. 61, art. 43; 1871, § 671; 1880, § 1511; 1892, § 664; 1906, § 722; Hemingway’s 1917, § 505; 1930, § 514; 1942, § 1457] § 11-7-23 . [Codes, 1857, ch. 61, art. 44; 1871, § 672; 1880, § 1512; 1892, § 665; 1906, § 723; Hemingway’s 1917, § 506; 1930, § 515; 1942, § 1458] § 11-7-25 . [Codes, Hutchinson’s 1848, ch. 58, art. 1 (47); 1857, ch. 61, art. 51; 1871, § 677; 1880, § 1515; 1892, § 666; 1906, § 724; Hemingway’s 1917, § 507; 1930, § 516; 1942, § 1459] § 11-7-27 . [Codes, Hutchinson’s 1848, ch. 58, art. 1 (47); 1857, ch. 61, art. 50; 1871, § 678; 1880, § 1516; 1892, § 667; 1906, § 725; Hemingway’s 1917, § 508; 1930, § 517; 1942, § 1460] Editor’s Notes — Former § 11-7-21 pertained to objections to nonjoinder or misjoinder of a plaintiff. Former § 11-7-23 pertained to objections to nonjoinder or misjoinder of a defendant. Former § 11-7-25 pertained to death of a party or coparty when there were two or more plaintiffs or defendants. Former § 11-7-27 provided that an action would not be abated by the death of a nominal plaintiff.

Miss. Code Ann. § 11-7-29 Death of one defendant after judgment.

When judgment shall have been rendered against two or more persons, and any one or more of them shall die, such judgment shall survive against the representatives of the deceased parties and the survivor. A scire facias may issue against the survivor, jointly with the representatives of the deceased parties; and such judgment may be thereupon revived, and execution issued in like manner.

Miss. Code Ann. § 11-7-31 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-7-31 . [Codes, 1880, § 1521; 1892, § 669; 1906, § 727; Hemingway’s 1917, § 510; 1930, § 519; 1942, § 1462] § 11-7-33 . [Codes, 1880, § 1522; 1892, § 670; 1906, § 728; Hemingway’s 1917, § 511; 1930, § 520; 1942, § 1463] § 11-7-35 . [Codes, Hutchinson’s 1848, ch. 61, art. 1 (89); 1857, ch. 61, art. 78; 1871, § 577; 1880, § 1536; 1892, § 671; 1906, § 729; Hemingway’s 1917, § 512; 1930, § 521; 1942, § 1464] § 11-7-36 . [En Laws, 1974, ch. 315] § 11-7-37 . [Codes, 1857, ch. 61, art. 87; 1871, § 578; 1880, § 1537; 1892, § 672; 1906, § 730; Hemingway’s 1917, § 513; 1930, § 522, 1942, § 1465] § 11-7-39 . [Codes, 1857, ch. 61, art. 89; 1880, § 1539; 1892, § 673; 1906, § 731; Hemingway’s 1917, § 514; 1930, § 523; 1942, § 1466] Editor’s Notes — Former § 11-7-31 provided that actions by or against certain public officers, trustees or commissioners would not abate on account of the change of the person occupying such position. Former § 11-7-33 provided that the manner of commencing an action in the circuit court was by filing a declaration. Former § 11-7-35 pertained to content of the declaration. Former § 11-7-36 authorized the pleading of different grounds for relief in a single declaration. Former § 11-7-37 pertained to a statement of venue in pleadings. Former § 11-7-39 specified how names of unknown defendants should be stated.

Miss. Code Ann. § 11-7-41 Defendants may be sued by initials in certain cases.

In actions on written instruments, the defendant may be sued by the initial letters or contraction of the Christian name, used by him in his signature to such writing.

Miss. Code Ann. § 11-7-43 Averment that partners contracted by a name affixed to a writing is sufficient.

In actions against one or more of several partners, it shall be sufficient to declare that he or they made the contract or executed the writing sued on by the co-partnership name, or other signature affixed to such writing.

Miss. Code Ann. § 11-7-45 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-7-45 . [Codes, Hutchinson’s 1848, ch. 59, art. 1 (60); 1857, ch. 61, art. 90; 1871, § 580; 1880, § 1540; 1892, § 676; 1906, § 734; Hemingway’s 1917, § 517; 1930, § 526; 1942, § 1469] § 11-7-47 . [Codes, 1848, ch. 61, art. 1 (55); 1857, ch. 61, art. 91; 1871, § 581; 1880, § 1541; 1892, § 677; 1906, § 735; Hemingway’s 1917, § 518; 1930, § 527; 1942, § 1470] § 11-7-49 . [Codes, 1857, ch. 61, art. 79; 1871, § 584; 1880, § 1542; 1892, § 678; 1906, § 736; Hemingway’s 1917, § 519; 1930, § 528; 1942, § 1471] § 11-7-51 . [Codes, 1857, ch. 61, art. 80; 1871, § 583; 1880, § 1543; 1892, § 679; 1906, § 737; Hemingway’s 1917, § 520; 1930, § 529; 1942, § 1472] § 11-7-53 . [Codes, 1857, ch. 61, art. 85; 1871, § 589; 1880, § 1544; 1892, § 680; 1906, § 738; Hemingway’s 1917, § 521; 1930, § 530; 1942, § 1473] § 11-7-55 . [Codes, 1942, § 1474; Laws, 1942, ch. 304] § 11-7-57 . [Codes, Hutchinson’s 1848, ch. 61, art. 93; 1871, § 592; 1880, § 1546; 1892, § 681; 1906, § 739; Hemingway’s 1917, § 522; 1930, § 531; 1942, § 1475] § 11-7-59 . [Codes, 1942, § 1475.5; Laws, 1948, ch. 230, §§ 1-6; Laws, 1950, ch. 356, §§ 1, 2 (¶ 2) ] § 11-7-61 . [Codes, 1857, ch. 61, art. 96; 1871, § 598; 1880, § 1549; 1892, § 685; 1906, § 743; Hemingway’s 1917, § 526; 1930, § 535; 1942, § 1479] § 11-7-63 . [Codes, 1857, ch. 61, art. 98; 1871, § 601; 1880, § 1551; 1892, § 687; 1906, § 745; Hemingway’s 1917, § 528; 1930, § 537; 1942, § 1481] § 11-7-65 . [Codes, Hutchinson’s 1848, ch. 59, art. 61; 1857, ch. 61, art. 101; 1871, § 604; 1880, § 1554; 1892, § 688; 1906, § 746; Hemingway’s 1917, § 529; 1930, § 538; 1942, § 1482] Editor’s Notes — Former § 11-7-45 required that a copy of the account or writing upon which the action is founded be filed with the declaration. Former § 11-7-47 required that a copy of any writing of which proffer was to be made be annexed to or filed with the pleading. Former § 11-7-49 required that in all actions on bonds with a condition, plaintiff state the condition and assign breaches thereof in his declaration. Former § 11-7-51 required that in actions of trespass to land, the place of the alleged trespass be described. Former § 11-7-53 provided that in actions for libel or slander, the plaintiff need only aver the defamatory sense of words or matter complained of, and that in certain cases, the declaration was sufficient. Former § 11-7-55 pertained to amendment of declarations. Former § 11-7-57 made all provisions in reference to declarations applicable to pleas of defendants and to all subsequent pleadings. Former § 11-7-59 abolished pleas in the circuit court, and provided that defenses be set up by way of answer. Former § 11-7-61 pertained to giving evidence of mitigating circumstances notwithstanding a plea of not guilty in certain actions. Former § 11-7-63 pertained to pleading and setting off against demand by plaintiff debts or demands defendant had against plaintiff. Former § 11-7-65 required defendant to file with his plea a statement of items or writings to be set off.

Miss. Code Ann. § 11-7-67 Balance of mutual dealings on death of one party.

Where there shall have been mutual dealings between two or more persons, and one or more of them shall die before an adjustment of such dealings, the lawful demands of such parties against each other shall be a good payment, or setoff, to the amount thereof, notwithstanding the estate of one or more of such deceased persons shall be insolvent; and only the balance due shall be the debt.

Miss. Code Ann. § 11-7-69 and 11-7-71. Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-7-69 . [Codes, 1942, § 1483.5; Laws, 1952, ch. 249, §§ 1, 2] § 11-7-71 . [Codes, Hutchinson’s 1848, ch. 59, art. 58; 1857, ch. 61, art. 100; 1871, § 603; 1880, § 1553; 1892, § 690; 1906, § 748; Hemingway’s 1917, § 531; 1930, § 540; 1942, § 1484] Editor’s Notes — Former § 11-7-69 pertained to the pleading of counterclaims. Former § 11-7-71 authorized the pleading of payments made at or after maturity.

Miss. Code Ann. § 11-7-73 Disclaiming title and tendering of amends in action for trespass.

In actions in justice court for trespass on land, the defendant may plead that he disclaims any title or claim to the land in question, and that the trespass was involuntary or by negligence, and that he tendered or offered sufficient amends therefor before suit brought, and he shall thereupon bring the amount so tendered into court; and unless the plaintiff in such action shall recover more damage than the amount so tendered, he shall be adjudged to pay the costs of the action.

Miss. Code Ann. § 11-7-75 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-7-75 . [Codes, 1857, ch. 61, art. 106; 1871, § 609; 1880, § 1557; 1892, § 693; 1906, § 751; Hemingways’s 1917, § 534; 1930, § 543; 1942, § 1487] § 11-7-77 . [Codes, Hutchinson’s 1848, ch. 58, art. 1 (72); 1857, ch. 61, art. 107; 1871, § 610; 1880, § 1559; 1892, § 695; 1906, § 753; Hemingway’s 1917, § 536; 1930, § 545; 1942, § 1489] § 11-7-79 . [Codes, Hutchinson’s 1848, ch. 61, art. 1 (64); 1857, ch. 61, art. 108; 1871, § 611; 1880, § 1560; 1892, § 696; 1906, § 754; Hemingway’s 1917, § 537; 1930, § 546; 1942, § 1490] § 11-7-81 . [Codes, Hutchinson’s 1848, ch. 61, art. 1 (65); 1857, ch. 61, art. 109; 1871, § 612; 1880, § 1561; 1892, § 697; 1906, § 755; Hemingway’s 1917, § 538; 1930, § 547; 1942, § 1491] § 11-7-83 . [Codes, Hutchinson’s 1848, ch. 61, art. 1 (66); 1857, ch. 61, art. 110; 1871, § 613; 1880, § 1562; 1892, § 698; 1906, § 756; Hemingway’s 1917, § 539; 1930, § 548; 1942, § 1492] § 11-7-85 . [Codes, Hutchinson’s 1848, ch. 61, art. 1 (65); 1857, ch. 61, art. 111; 1871, § 614; 1880, § 1563; 1892, § 699; 1906, § 757; Hemingway’s 1917, § 540; 1930, § 549; 1942, § 1493] § 11-7-87 . [Codes, 1857, ch. 61, art. 112; 1871, § 615; 1880, § 1564; 1892, § 700; 1906, § 758; Hemingway’s 1917, § 541; 1930, § 550; 1942, § 1494] § 11-7-89 . [Codes, 1857, ch. 61, art. 114; 1871, § 616; 1880, § 1565; 1892, § 701; 1906, § 759; Hemingway’s 1917, § 542; 1930, § 551; 1942, § 1495] § 11-7-91 . [Codes, 1857, ch. 61, art. 115; 1871, § 617; 1880, § 1566; 1892, § 702; 1906, § 760; Hemingway’s 1917, § 543; 1930, § 552; 1942, § 1496] § 11-7-93 . [Codes, 1857, ch. 61, art. 116; 1880, § 1567; 1892, § 703; 1906, § 761; Hemingway’s 1917, § 544; 1930, § 553; 1942, § 1497] § 11-7-95 . [Codes, 1857, ch. 61, art. 117; 1871, § 618; 1880, § 1568; 1892, § 704; 1906, § 762; Hemingway’s 1917, § 545; 1930, § 554; 1942, § 1498] § 11-7-97 . [Codes, 1892, § 705; 1906, § 763; Hemingway’s 1917, § 546; 1930, § 555; 1942, § 1499] § 11-7-99 . [Codes, 1857, ch. 61, art. 119; 1871, § 620; 1880, § 1569; 1892, § 706; 1906, § 764; Hemingway’s 1917, § 547; 1930, § 556; 1942, § 1500] § 11-7-101 . [Codes, 1857, ch. 61, art. 120; 1871, § 593; 1880, § 1570; 1892, § 707; 1906, § 765; Hemingway’s 1917, § 548; 1930, § 557; 1942, § 1501] § 11-7-103 . [Codes, 1857, ch. 61, art. 1871, § 595; 1880, § 1571; 1892, § 708; 1906, § 766; Hemingway’s 1917, § 549; 1930, § 558; 1942, § 1502] § 11-7-105 . [Codes, Hutchinson’s 1848, ch. 61, art. 1 (79); 1857, ch. 61, art. 83; 1871, § 587; 1880, § 1572; 1892, § 709; 1906, § 767; Hemingway’s 1917, § 550; 1930, § 559; 1942, § 1503] Editor’s Notes — Former § 11-7-75 provided that whenever any pleading concluded to the county, issue would be considered joined thereon, unless demurrer thereto was filed. Former § 11-7-77 pertained to the payment of costs when pleading was held to be insufficient. Former § 11-7-79 pertained to assignment of causes when demurrer interposed. Former § 11-7-81 pertained to judgment on overruling a demurrer to a declaration. Former § 11-7-83 specified the judgment when a demurrer to a plea matter of the defendant is sustained. Former § 11-7-85 authorized the court to refuse a frivolous demurrer. Former § 11-7-87 stated that a joinder in demurrer was not required in any case. Former § 11-7-89 stated that express color and special traverse were not required in any pleading. Former § 11-7-91 required that a pleading be signed by the party or his attorney. Former § 11-7-93 abolished special demurrers. Former § 11-7-95 specified how the court could deal with obscure, irrelevant or redundant matters in pleadings. Former § 11-7-97 pertained to bills of particulars. Former § 11-7-99 authorized the omission of allegations that were not material or traversable. Former § 11-7-101 provided that formal defense was not required in an answer. Former § 11-7-103 provided that is was not necessary to use allegations of actionem non and of precludi non. Former § 11-7-105 stated that if a private statute was pleaded, it was sufficient to refer to it by its title and the date of its passage.

Miss. Code Ann. § 11-7-107 How private way may be pleaded.

A right by virtue of a private way may be pleaded generally in the same manner as if pleading a public way.

Miss. Code Ann. § 11-7-109 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-7-109 . [Codes, 1857, ch. 61, art. 81; 1871, § 585; 1880, § 1574; 1892, § 711; 1906, § 769; Hemingway’s 1917, § 552; 1930, § 561; 1942, § 1505] § 11-7-111 . [Codes, 1857, ch. 61, art. 82; 1871, § 586; 1880, § 1575; 1892, § 712; 1906, § 770; Hemingway’s 1917, § 553; 1930, § 562; 1942, § 1506] § 11-7-113 . [Codes, 1857, ch. 61, art. 178; 1871, § 660; 1880, § 1577; 1892, § 713; 1906, § 771; Hemingway’s 1917, § 554; 1930, § 563; 1942, § 1507] § 11-7-115 . [Codes, Hutchinson’s 1848, ch. 59, art. 1(91); 1857, ch. 61, art. 180; 1871, § 621; 1880, § 1581; 1892, § 717; 1906, § 775; Hemingway’s 1917, § 558; 1930, § 567; 1942, § 1511] § 11-7-117 . [Codes, 1857, ch. 61, art. 182; 1871, § 623; 1880, § 1582; 1892, § 718; 1906, § 776; Hemingway’s 1917, § 559; 1930, § 568; 1942, § 1512] § 11-7-119 . [Codes, Hutchinson’s 1848, ch. 59, art. 1 (91); 1857, ch. 61, art. 183; 1871, § 624; 1880, § 1583; 1892, § 719; 1906, § 777; Hemingway’s 1917, § 560; 1930, § 569; 1942, § 1513] § 11-7-121 . [Codes, 1857, ch. 61, art. 150; 1871, § 631; 1880, § 1703; 1892, § 722; 1906, § 783; Hemingway’s 1917, § 566; 1930, § 575; 1942, § 1519; Laws, 1904, ch. 142; Laws, 1948, ch. 229; Laws, 1962, ch. 297] § 11-7-123 . [Codes, 1857, ch. 61, art. 151; 1871, § 633; 1880, § 1704; 1892, § 723; 1906, § 784; Hemingway’s 1917, § 567; 1930, § 576; 1942, § 1520] § 11-7-125 . [Codes, Hutchinson’s 1848, ch. 61, art. 1 (77); 1857, ch. 61, art. 159; 1871, § 641; 1880, § 1721; 1892, § 740; 1906, § 802; Hemingway’s 1917, § 590; 1930, § 594; 1942, § 1538] § 11-7-127 . [Codes, 1857, ch. 61, art. 160; 1871, § 642; 1880, § 1722; § 1892, § 741; 1906, § 803; Hemingway’s 1917, § 591; 1930, § 595; 1942, § 1539] § 11-7-129 . [Codes, 1857, ch. 61, art. 167; 1871, § 649; 1880, § 1705; 1892, § 724; 1906, § 785; Hemingway’s 1917, § 568; 1930, § 577; 1942, § 1521] Editor’s Notes — Former § 11-7-109 specified how to plead the performance of conditions precedent. Former § 11-7-111 specified how to plead a judgment or other determination of a court. Former § 11-7-113 pertained to defendant’s offer and payment of compensation or amends before trial. Former § 11-7-115 authorized the court to allow amendments to be made to pleadings at any time before verdict. Former § 11-7-117 specified what variance between allegations and proof were deemed material. Former § 11-7-119 pertained to the effect of one faulty count out of several counts. Former § 11-7-121 pertained to when a defendant should plead, when pleas would be tried, and judgments by default. Former § 11-7-123 pertained to affidavits for continuance. Former § 11-7-125 provided that every plaintiff desiring to suffer a nonsuit on a trial would be barred therefrom unless he did so before the jury retired to consider the verdict. Former § 11-7-127 pertained to the plaintiff suffering a nonsuit before the clerk in vacation. Former § 11-7-129 authorized the parties to waive trial by jury to an issue of fact in actions on contract.

Miss. Code Ann. § 11-7-131 Cases may be taken under judicial advisement.

The judge may take a case under advisement until the next term. If an issue of fact be involved, before taking it under advisement, he shall, on notice to each party, cause the evidence on both sides to be reduced to writing and signed by him. At the next term, the judge shall deliver his opinion in writing, and the evidence and opinion shall be a part of the record without a bill of exceptions. Either party prosecuting an appeal may avail himself of all questions arising upon the record.

Miss. Code Ann. § 11-7-133 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, Hemingway’s 1917, § 570; 1930, § 579; 1942, § 1523; Laws, 1912, ch. 158]

Miss. Code Ann. § 11-7-135 Exceptions in trials by court — either party may appeal.

In cases tried by the court, either party may take bills of exception, and have an appeal, as in case of trial by jury.

Miss. Code Ann. § 11-7-137 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-7-137 . [Codes, 1857, ch. 61, art. 170; 1871, § 652; 1880, § 1723; 1892, § 742; 1906, § 804; Hemingway’s 1917, § 592; 1930, § 596; 1942, § 1540] § 11-7-139 . [Codes, 1857, ch. 61, art. 171; 1871, § 653; 1880, § 1724; 1892, § 743; 1906, § 805; Hemingway’s 1917, § 593; 1930, § 597; 1942, § 1541] § 11-7-141 . [Codes, 1857, ch. 61, art. 172; 1871, § 654; 1880, § 1725; 1892, § 744; 1906, § 806; Hemingway’s 1917, § 594; 1930, § 598; 1942, § 1542] § 11-7-143 . [Codes, 1857, ch. 61, art. 173; 1871, § 655; 1880, § 1726; 1892, § 745; 1906, § 807; Hemingway’s 1917, § 595; 1930, § 599; 1942, § 1543] § 11-7-145 . [Codes, Hutchinson’s 1848, ch. 61, art. 1 (142); 1857, ch. 61, art. 152; 1871, § 634; 1880, § 1708; 1892, § 727; 1906, § 788; Hemingway’s 1917, § 572; 1930, § 581; 1942, § 1525; Am Laws, 1984, ch. 415, § 1] Editor’s Notes — Former § 11-7-137 authorized the referral of all issues in an action to referees. Former § 11-7-139 authorized the referral to referees of all cases in which matters of account were in controversy. Former § 11-7-141 authorized either party to file exceptions to the report of a referee. Former § 11-7-143 specified the powers of the referee. Former § 11-7-145 pertained to peremptory challenges in civil suits.

Miss. Code Ann. § 11-7-147 Opening statements allowed.

Before the introduction of the evidence, the plaintiff may briefly state his case orally to the jury, and the evidence by which he expects to sustain it. Then the defendant may briefly state his case, and the evidence by which he expects to support it.

Miss. Code Ann. § 11-7-149 Court officers not to converse with jurors.

The sheriff, bailiff, or other officer, shall not be in the room or converse with a juror after the jury has retired from the bar, save by order of the court. A violation of this section shall subject the offender to a fine of fifty dollars and one week’s imprisonment for a contempt.

Miss. Code Ann. § 11-7-151 Trial — jury may take evidence to jury room.

All papers read in evidence on the trial of any cause may be carried from the bar by the jury.

Miss. Code Ann. § 11-7-153 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, Hutchinson’s 1848, ch. 61, art. 1 (80); 1857, ch. 61, art. 158; 1871, § 640; 1880, § 1713; 1892, § 731; 1906, § 792; Hemingway’s 1917, § 576; 1930, § 585; 1942, § 1529]

Miss. Code Ann. § 11-7-155 Judge not to sum up or comment on testimony or charge jury.

The judge in any civil cause shall not sum up or comment on the testimony, or charge the jury as to the weight of evidence.

Miss. Code Ann. § 11-7-157 No special form of verdict required.

No special form of verdict is required, and where there has been a substantial compliance with the requirements of the law in rendering a verdict, a judgment shall not be arrested or reversed for mere want of form therein.

Miss. Code Ann. § 11-7-159 Verdict may be reformed at the bar if informal or defective.

If the verdict is informal or defective, the court may direct it to be reformed at the bar. Where there has been a manifest miscalculation of interest, the court may direct a computation thereof at the bar, and the verdict may, if the jury assent thereto, be reformed in accordance with such computation.

Miss. Code Ann. § 11-7-161 If verdict not responsive, jury to deliberate further.

If the verdict is not responsive to the issue submitted to the jury, the court shall call their attention thereto and send them back for further deliberation.

Miss. Code Ann. § 11-7-163 No error if verdict omits something.

If, on an issue concerning several things in one count, a verdict be found for only part of them, it shall not be error, but the plaintiff shall be barred of his title to the things omitted.

Miss. Code Ann. § 11-7-165 Award of damages in civil action against person who steals, embezzles, extorts or converts certain property of vulnerable adult; “position of trust” defined.

In a civil action where it is proven that a person took property having a value of Two Hundred Fifty Dollars ($250.00) or more belonging to a vulnerable adult by conversion, embezzlement, extortion, theft or fraud without the owner’s consent, or obtained the owner’s consent by intimidation, deception, undue influence or by misusing a position of trust or a confidential relationship with the owner, then whether the action is to recover the property or damages in lieu thereof, or both, damages shall be recoverable up to three (3) times the amount of the monetary damages or value of the property embezzled, converted or otherwise stolen, in addition to any other damages. For purposes of this section, “position of trust” shall include, but not be limited to, a person who: Is named the attorney-in-fact in a power of attorney, whether executed before or after the adult became vulnerable; Has assumed a duty to provide care to the vulnerable adult; Is in a fiduciary relationship with the vulnerable adult, including a de facto guardian or de facto conservator; or Is a joint tenant or tenant in common with the vulnerable adult. “Vulnerable adult” shall have the meaning defined in Section 43-47-5, Mississippi Code of 1972. Civil remedies provided under this section shall be supplemental and cumulative, and not exclusive of other remedies afforded under any other law. Damages awarded under this section are remedial and not punitive, and do not limit and are not limited by any criminal action or any other provision of law. Any civil damages paid by the civil defendant shall reduce the amount such defendant, upon conviction, may be ordered to pay in restitution, and any restitution paid under a criminal penalty shall reduce any civil damages owed. The cause of action, the right to bring a cause of action, or the right to seek treble damages pursuant to this section shall not be limited or affected by the death of the owner.

Miss. Code Ann. § 11-7-167 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-7-167 . [Codes, 1857, ch. 61, art. 181; 1871, § 622; 1880, § 1727; 1892, § 746; 1906, § 808; Hemingway’s 1917, § 596; 1930, § 600; 1942, § 1544] Editor’s Notes — Former § 11-7-167 listed defects that would not stay or reverse a judgment after verdict.

Miss. Code Ann. § 11-7-169 Judgment—remedial orders.

In all actions in which the right to real or personal estate is in controversy, the court or the judge thereof shall make an order for the protection of the property in controversy from waste or destruction, and to prevent the removal of personal property beyond the jurisdiction of the court, upon satisfactory proof being made of the necessity for such order, and may enforce such order by an attachment for contempt and other proper process; but in all such cases the court or judge may require a bond of the party applying for the order, in an adequate penalty, payable to the opposite party, with sufficient sureties, to be approved by the court or judge, conditioned to pay all such damages as may be suffered by reason of such order in case the principal obligor be cast in the suit.

Miss. Code Ann. § 11-7-171 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. [Codes, 1857, ch. 61, art. 253; 1871, § 822; 1880, § 1730; 1892, § 749; 1906, § 811; Hemingway’s 1917, § 599; 1930, § 603; 1942, § 1547; Laws, 1950, ch. 332]

Miss. Code Ann. § 11-7-173 Judgment on bonds.

In an action brought upon a bond for the payment of money, wherein the plaintiff shall recover, judgment shall be entered for the penalty of the bond, to be discharged by the payment of the principal and interest due and costs of suit, and execution shall issue accordingly. However, if before judgment the defendant shall bring into court the principal and interest due upon the bond, he shall be discharged, and in that case judgment shall be entered for the costs alone.

Miss. Code Ann. § 11-7-175 Liability of ships and vessels for causing death or injury.

Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any ship or vessel, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action, or to proceed in rem against the said ship or vessel, or in personam against the owners thereof, or those having control of her, and to recover damages in respect thereof, then, in every such case the ship or vessel, which, had not death ensued, would have been liable to an action for damages, or to a libel in rem, and her owners, or those responsible for her acts or defaults or negligence to a libel in personam, shall be liable for all damages notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony.

Miss. Code Ann. § 11-7-177 and 11-7-179. Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-7-177 . [Codes, 1880, § 1732; 1892, § 751; 1906, § 813; Hemingway’s 1917, § 601; 1930, § 605; 1942, § 1549] § 11-7-179 . [Codes, 1880, § 1733; 1892, § 752; 1906, § 814; Hemingway’s 1917, § 602; 1930, § 606; 1942, § 1550] Editor’s Notes — Former § 11-7-177 pertained to rendering judgment according to the rights of the parties. Former § 11-7-179 authorized the rendering of as many verdicts and judgments as necessary to adjust the rights of the parties.

Miss. Code Ann. § 11-7-181 Office confession of judgment; how made.

A person indebted to another in any sum of money within the jurisdiction of the circuit court, on any promise, agreement, or covenant, may sign an office confession of judgment in the clerk’s office of the circuit court, in the manner following, to wit: The creditor shall file in the clerk’s office a statement, under oath, substantially to the effect following, viz.: “The State of Mississippi,_______________County. In the circuit court of said county,_______________day of_______________, A.D._______________ ._______________states, on oath, that_______________is justly indebted to him for the amount of_______________dollars on an instrument of writing in the following words and figures, viz.: (here copy the same), and in case of indorsement say indorsed as follows: (here copy the indorsement), or on open account, of which a copy is hereto attached, which remains due and unpaid, and that said sum of money is not due or claimed under a fraudulent or usurious consideration. _______________ “Sworn to and subscribed the_______________day of_______________A. D._______________before me. “ _______________, Clerk.” And if the evidence of the debt be in writing, the same shall be filed with said statement; and if not in writing, then a copy of the open account shall be filed; and the party indebted shall sign, before the clerk, an acknowledgment written upon or annexed to such statement, to the effect following, to wit: “I do hereby acknowledge myself indebted to the said_______________in the sum of_______________Dollars, which includes interest up to the first day of the next term of the said circuit court, and I give my consent for judgment to be rendered against me in favor of said_______________, at the next term of said circuit court for said amount and all legal costs accruing thereon, with stay of execution (if any) until (as may be agreed upon). “Taken and acknowledged the_______________day of_______________, A.D._______________, before me. “ _______________, Clerk.”

Miss. Code Ann. § 11-7-183 Office confession of judgment; how made final.

When such statement and acknowledgment are filed, the clerk shall docket the cause on the appearance docket, and at the next term on the motion of the plaintiff, the court shall render judgment thereon for the amount acknowledged to be due, with interest from the first day of the term, and with such stay of execution, if any, as may be stipulated; and such judgment shall be final unless set aside during the term, and shall be as binding and obligatory as a judgment rendered in any other form; and a full and complete final record shall be made therein as in other cases.

Miss. Code Ann. § 11-7-185 Office confession of judgment; void in certain cases.

A judgment rendered on office confession shall be void in toto as to third parties, if tainted with fraud or usury.

Miss. Code Ann. § 11-7-187 Judgment on confession as release of errors.

A judgment on confession shall be equal to a release of all errors; but all powers of attorney for confessing or suffering judgment to pass by default or otherwise, and all general releases of error made or to be made by any person before action brought, shall be absolutely null and void.

Miss. Code Ann. § 11-7-189 Enrollment of judgments; satisfaction.

The clerk of the circuit court shall procure and keep in his office one or more books to be styled “The Judgment Roll,” which book or books shall be appropriately divided under the several letters of the alphabet, and on each page shall be placed the following captions: Click to view The clerk shall, within twenty (20) days after the adjournment of each term of court, enroll all final judgments rendered at that term in the order in which they were entered on the minutes by entering on The Judgment Roll, under the proper letter or letters of the alphabet, the name of each and every defendant to such judgment, the post office address of each defendant, and the social security or tax identification number of each defendant if such information is known or readily ascertainable, and if such defendant or defendants have an attorney at law in such case the name and post office address of such attorney or firm of attorneys if such post office address is known or readily ascertainable; the amount of such judgment; date of rendition; county and court in which rendered; the date, hour and minute of enrollment; and the name of the plaintiff or plaintiffs and the post office address of each plaintiff if readily ascertainable, and if represented by an attorney at law or a firm of attorneys then the name and post office address of such attorney or firm of attorneys if the post office address is known or readily ascertainable. The name of the attorney or firm of attorneys and post office addresses of the parties may be subsequently inserted by the clerk at any time. Notwithstanding the foregoing, the failure to list a social security number on a judgment shall not invalidate said judgment nor shall it make the party failing to list said judgment liable for such failure to list or the recording official liable for such failure. Any attorney of record representing a plaintiff or plaintiffs in the case may, for and on behalf of his client or clients, satisfy in whole or in part a judgment on such Judgment Roll by endorsing thereon the extent of such satisfaction and signing an entry so showing, and when so satisfied the clerk shall attest and subscribe such endorsement under the proper heading therein. When any judgment shall otherwise be satisfied, the clerk shall so enter under proper heading and subscribe the entry. The Judgment Roll may be kept on computer as provided in Section 9-7-171. In such case the plaintiff or attorney representing such plaintiff shall present to the clerk a sworn affidavit directing the clerk to cancel or otherwise show as satisfied the judgment recorded under this section. Defendant’sName and Name of Defendant’s Attorney and Post Office Address of Each Amount of Judgment or Decree Date of Rendition County and Court in Which Rendered Social Security or Tax Identification Number Date, Hour and Minute of Enrollment Plaintiff’s Name,Plaintiff’sAttorney, and Post Office Address of Each When and HowSatisfied Remarks

Miss. Code Ann. § 11-7-191 Enrolled judgment as lien.

A judgment so enrolled shall be a lien upon and bind all the property of the defendant within the county where so enrolled, from the rendition thereof, and shall have priority according to the order of such enrollment, in favor of the judgment creditor, his representatives or assigns, against the judgment debtor and all persons claiming the property under him after the rendition of the judgment. A judgment shall not be a lien on any property of the defendant thereto unless the same be enrolled. In counties having two (2) judicial districts, a judgment shall operate as a lien only in the district or districts in which it is enrolled. Any judgment for the purpose described in Section 85-3-52 shall not be a lien on any property in this state, real, personal or mixed, that is owned by a resident of this state, and shall not be enforced or satisfied against any such property.

Miss. Code Ann. § 11-7-193 How priority of lien forfeited.

A junior judgment creditor may give written notice to any senior judgment creditor requiring him to execute his judgment; and if the senior judgment creditor, being so notified, shall fail, neglect or refuse to have execution issued, and levied within ten days from said notice for the satisfaction of his judgment, he shall lose his priority, and the junior judgment creditor may cause execution to issue on his judgment and to be levied on any of the property of the defendant, and the proceeds of a sale thereof shall be applied to the junior judgments so levied.

Miss. Code Ann. § 11-7-195 Judgment not a lien out of county unless enrolled.

A judgment or decree rendered in any court of the United States or of this state shall not be a lien upon or bind any property of the defendant situated out of the county in which the judgment or decree was rendered until the plaintiff shall file in the office of the clerk of the circuit court of the county in which such property is situated an abstract of such judgment or decree which has been certified by the clerk of the court in which the same was rendered containing the names of all the parties to such judgment or decree, its amount, the social security or tax identification number of the defendant if such information is known or readily ascertainable, the date of the rendition, and the amount appearing to have been paid thereon, if any. It shall be the duty of the clerk of the circuit court on receiving such abstract and on payment of the fees allowed by law for filing and enrolling the same, to file and forthwith enroll the same on The Judgment Roll, as in other cases. Such judgment or decree shall, from the date of its enrollment, be a lien upon and bind the property of the defendant within the county where it shall be so enrolled. If a foreign judgment has been filed in any county of this state pursuant to Sections 11-7-301 through 11-7-309 and such judgment may be enforced in such county, then, for purposes of this section, such judgment shall be treated as if it had been rendered in such county and may be enrolled on The Judgment Roll in other counties pursuant to the provisions of this section. Any judgment for the purpose described in Section 85-3-52 shall not be a lien on any property in this state, real, personal or mixed, that is owned by a resident of this state and shall not be enforced or satisfied against any such property.

Miss. Code Ann. § 11-7-197 Judgment not a lien in county until enrolled.

Judgments and decrees, at law or in equity, rendered in any court of the United States held within this state, or in the Supreme Court or the court of chancery of this state, shall not be a lien upon or bind the property of the defendant within the county in which such judgments or decrees may be rendered, until an abstract thereof shall be filed in the office of the clerk of the circuit court of the county and enrolled on the judgment roll, in the manner and on the terms hereinbefore provided in Section 11-7-195. Such judgments and decrees shall bind the property of the defendants from the date of such enrollment, in like manner as judgments and decrees rendered in a different county and so enrolled.

Miss. Code Ann. § 11-7-199 Growing crop not subject to judgment lien.

A growing crop shall not be subject to the lien of a judgment.

Miss. Code Ann. § 11-7-201 Revival not necessary for execution.

It shall not be necessary to revive a judgment by scire facias because no execution shall have been issued on such judgment within a year and a day after its rendition, but execution may be issued without such revival.

Miss. Code Ann. § 11-7-203 Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-7-203 . [Codes, 1880, § 1756; 1892, § 763; 1906, § 825; Hemingway’s 1917, § 613; 1930, § 617; 1942, § 1561] § 11-7-205 . [Codes, Hutchinson’s 1848, ch. 61, art. 1 (145); 1857, ch. 61, art. 162; 1871, § 644; 1880, § 1715; 1892, § 733; 1906, § 974; Hemingway’s 1917, § 578; 1930, § 587; 1942, § 1531] § 11-7-207 . [Codes, 1880, § 1718; 1892, § 735; 1906, § 796; Hemingway’s 1917, § 580; 1930, § 589; 1942, § 1533] § 11-7-209 . [Codes, 1857, ch. 61, art. 164; 1871, § 646; 1880, § 1717; 1892, § 737; 1906, § 798; Hemingway’s 1917, § 586; 1930, § 590; 1942, § 1534] Editor’s Notes — Former § 11-7-203 provide for suspension of judgment. Former § 11-7-205 was entitled: Bills of exceptions – in civil cases. Former § 11-7-207 was entitled: When bills of exceptions signed. Former § 11-7-209 was entitled: Exceptions, bill of – when attorneys may sign.

Miss. Code Ann. § 11-7-211 Bills of exception may be amended.

Bills of exception, with the approval of the trial judge, may be amended at any time before the hearing on appeal, for the purpose of curing omissions, defects, or inaccuracy; but no such amendment shall be made until the parties interested shall have been given five days’ notice of such proposed amendment.

Miss. Code Ann. § 11-7-213 and 11-7-215. Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. § 11-7-213 . [Codes, Hutchinson’s 1848, ch. 61, art. 1 (73); 1857, ch. 61, art. 165; 1871, § 647; 1880, § 1719; 1892, § 738; 1906, § 800; Hemingway’s 1917, § 588; 1930, § 592; 1942, § 1536; Laws, 1956, ch. 230] § 11-7-215 . [Codes, 1857, ch. 61, art. 168; 1871, § 648; 1880, § 1720; 1892, § 739; 1906, § 801; Hemingway’s 1917, § 589; 1930, § 593; 1942, § 1537] Editor’s Notes — Former § 11-7-213 directed that new trials be granted only on terms directed by the court and two to same party. Former § 11-7-215 was entitled: New trials – That only two be granted to the same parts granting or refusing assignable for error.

Miss. Code Ann. § 11-7-217 Executions of fines, penalties, and forfeitures.

The clerk of the circuit court shall, immediately after the adjournment of every term, issue execution according to the nature of the case, for all fines, penalties and forfeitures assessed by the court, or which shall have accrued to the state or to the county, and remaining due and unpaid. Said clerk shall, within thirty days after such adjournment, transmit a list of said executions to the clerk of the board of supervisors of the county, noting the names of the defendants, the amounts, and the sheriff or other officer to whom the same was delivered; and, at the same time, he shall transmit to said clerk a statement of the returns made by the sheriff or other officer on execution for fines, penalties, and forfeitures returnable to the last term of the court. Any circuit court clerk who shall fail to issue such executions, or to transmit the lists thereof as required, shall forfeit and pay the sum of two hundred dollars for every such offense, to be recovered by the state or county, on motion against him and his sureties by the district attorney, before the circuit court. The clerk of the board of supervisors shall notify the district attorney of such default.

Miss. Code Ann. § 11-7-219 Remedy against officers, failing to return fines.

If any sheriff or other officer shall return on any such writ of execution, that he hath levied the fine, penalty, or forfeiture therein mentioned, or any part thereof; or, that he hath taken the body of the defendant, and shall have suffered such defendant to escape; or, if any person be committed to the custody of such sheriff or other officer until the fine, penalty, or forfeiture for which he was committed shall be paid, and such sheriff or officer shall permit such defendant to escape; or, if such sheriff or officer shall have received such fine, penalty, or forfeiture, or any part thereof, and shall not immediately account to the clerk of the board of supervisors and pay the same into the treasury of the county, then, in either of the cases above specified, it shall be the duty of said clerk to notify the district attorney of such default, who shall thereupon, on motion at the next term of the circuit court, demand judgment against such sheriff, or other officer, and his sureties, for the fines, penalties, and forfeitures mentioned in such writs, or for so much thereof as he shall have received on such execution or commitment, or the whole amount thereof in case he shall have suffered such defendant or defendants to escape; and the court shall give judgment accordingly, and award execution thereon.

Miss. Code Ann. § 11-7-221 Liability of officers for default as to fines.

Clerks, sheriffs, and other officers shall be liable to the same proceedings for any neglect of duty, in respect to executions for fines, penalties, and forfeitures, as in case of executions in civil cases.

Miss. Code Ann. § 11-7-301 Definition.

In Sections 11-7-301 through 11-7-309 “foreign judgment” means any judgment, decree or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

Miss. Code Ann. § 11-7-303 Filing copy of foreign judgment; enforcement.

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state or any rule promulgated and adopted by the Mississippi Supreme Court may be filed in the office of the clerk of the circuit court of any county in this state. Said clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court of any county in this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a circuit court of any county in this state and may be enforced or satisfied in like manner, subject to the provisions of Section 15-1-45. Any foreign judgment for the purpose described in Section 85-3-52 shall not be a lien on any property in this state, real, personal or mixed, that is owned by a resident of this state, and shall not be enforced or satisfied against any such property.

Miss. Code Ann. § 11-7-305 Affidavit of filing; notice; execution.

At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the circuit court, as the case may be, an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor. Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until twenty (20) days after the date the judgment is filed.

Miss. Code Ann. § 11-7-307 Appeal; stay of execution; security.

If the judgment debtor shows the circuit court of any county that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered. If the judgment debtor shows the circuit court of any county any ground upon which enforcement of a judgment of any court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

Miss. Code Ann. § 11-7-309 Alternative rights of judgment creditor.

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under Sections 11-7-301 through 11-7-309 remains unimpaired.