and 85-7-151. Repealed.
Miss. Code Ann. § 85-7-149
repealedRepealed by Laws 2014, ch. 487, § 24, effective upon approval April 11, 2014.
§ 85-7-149 . [Codes, 1857, ch. 39, art. 10; 1871, § 1613; 1880, § 1388; 1892, § 2706; 1906, § 3066; Hemingway’s 1917, § 2426; 1930, § 2266; 1942, § 364.] § 85-7-151 . [Codes, 1857, ch. 39, art. 11; 1871, § 1614; 1880, § 1389; 1892, § 2707; 1906, § 3067; Hemingway’s 1917, § 2427; 1930, § 2267; 1942, § 365; Laws, 1987, ch. 392, § 1, eff from and after July 1, 1987.] Editor’s Notes — Former § 85-7-149 related to jury trial for actions to enforce liens and the applicability of rules of evidence and practice. Former § 85-7-151 related to costs and attorneys’ fees. JUDICIAL DECISIONS 1. In general. In an action to enforce a lien for labor and materials furnished in construction of a boardinghouse, the testimony as to the statements of contractor that he ordered materials and was dealing with the claimants because the property owner referred him to them was not objectionable on the ground of hearsay because this testimony was admissible as an independently relevant fact to explain the circumstances under which the claimants furnished materials for which they were claiming. Handshoe v. Daly, 211 Miss. 189, 51 So. 2d 230, 1951 Miss. LEXIS 347 (Miss. 1951). RESEARCH REFERENCES Am. Jur. 51 Am. Jur. 2d, Liens § 92. 53 Am. Jur. 2d, Mechanics’ Liens §§ 398 et seq. 16 Am. Jur. Pl & Pr Forms (Rev) Liens, Forms 81 et seq. (judgments foreclosing liens). 17 Am. Jur. Pl & Pr Forms (Rev) Mechanics’ Liens, Form 3 (instruction to jury as to necessity for valid contract or consent). 17 Am. Jur. Pl & Pr Forms (Rev) Mechanics’ Liens, Forms 171 et seq. (judgments or decrees). CJS. 56 C.J.S., Mechanics’ Liens §§ 365 et seq.
Source: Public.Resource.Org MS CodeURL: https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r78/gov.ms.code.title.85.htmlFetched: 6/10/2026