reglab/housing_qa huggingface dataset:
MS Code § 11-25-101 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 3 - Proceedings in County Court|§ 11-25-101. County court; remedy in what cases

 Any one deprived of the possession of land by force, intimidation, fraud, stratagem, stealth, and any landlord, vendor, vendee, mortgagee, or trustee, or cestui que trust, or other person against whom the possession of land is withheld, by his tenant, vendee, vendor, mortgagor, grantor, or other person, after the expiration of his right by contract, express or implied, to hold possession, and the legal representatives or assigns of him who is so deprived of possession, or from whom possession is so withheld, as against him who so obtained possession, or withholds possession after the expiration of his right, and all persons claiming to hold under him, shall, at any time within one year after such deprivation or withholding of possession, be entitled to the summary remedy herein prescribed.
MS Code § 11-25-103 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 3 - Proceedings in County Court|§ 11-25-103. Purchaser of tax lands

 The purchaser of land at a sale for taxes, or his vendee, after two years from the date of the sale for taxes, and within three years from such date, may bring the action of unlawful detainer, for the recovery or possession of the land; and a judgment in his favor in the action shall be a bar to any action in any court brought after one year from the date of such judgment, to controvert the tax title to the land, saving the rights of infants and persons of unsound mind to redeem the same.
MS Code § 11-25-105 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 3 - Proceedings in County Court|§ 11-25-105. Court - complaint - form

 The party turned out of possession, or held out of possession, may exhibit his complaint before the judge or clerk of the county court of the county within which the lands, or some part thereof, may lie, to the following effect:   "County of , to-wit: "AB, of said county, complains that CD hath unlawfully turned him out of possession (or unlawfully withholds from him the possession) of certain land (here describe it), lying and being in the said county, whereof he prays the possession. "AB, Plaintiff." The complaint shall be verified by the oath or affirmation of the plaintiff, certified at the foot hereof, after the following manner: "County of , to-wit: "This day the above-named AB made oath (or affirmed) before me, of the county court for said county, that the allegations of the above complaint are correct and true. "Given under my hand, this day of A. D. . "EF, of the County Court."   Click to view
MS Code § 11-25-107 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 3 - Proceedings in County Court|§ 11-25-107. Warrant

 The county judge or the clerk of the county court upon the filing of the complaint shall thereupon issue a warrant to the following effect:   "The State of Mississippi. "To the Sheriff of County: "Whereas, AB hath made complaint, on oath (or affirmation), before me, of the county court for the said county, that CD hath unlawfully turned him out of possession (or unlawfully withholds from him the possession) of certain land (here describe it), lying and being in the said county, and hath prayed the possession thereof, this is therefore to command you to summon the said CD to appear at (which shall be at the usual place of holding the county court), on the day of , before the county court, to answer to the complaint. "Witness my hand, this day of . "EF, of the County Court."   Click to view
MS Code § 11-25-109 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 3 - Proceedings in County Court|§ 11-25-109. Execution of warrant

 The warrant shall be directed to the sheriff, or any constable of the county, and shall be made returnable to the first term of the county court held after the issuance of the said warrant, unless it shall be issued more than ten days before the said term of court when it may be made returnable before the judge of the county court at the usual place of holding the county court at a day to be named not more than ten days, or less than five days, after the date of issuance of the said warrant; and the cause shall be triable at such term, or before the judge in vacation, (if so returnable), on the day therein, provided the defendant has been served with process at least five days before the return day of writ.
MS Code § 11-25-111 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 3 - Proceedings in County Court|§ 11-25-111. Rent

 The plaintiff may, on the trial, claim and establish by evidence, any amount due for arrears of rent on the land of which possession is sought, or a reasonable compensation for the use and occupation thereof; and the judge of the county court, shall find upon the evidence the arrears of rent or reasonable compensation and the judge of the county court may give judgment against the defendant in the action for such arrears of rent or reasonable compensation and may award a writ of fieri facias thereon. All such cases shall be tried by the judge without the intervention of the jury.
MS Code § 11-25-113 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 3 - Proceedings in County Court|§ 11-25-113. Judgment for plaintiff

 If the finding be for the plaintiff, the judge of the county court shall render judgment in favor of the plaintiff, that he recover possession of the land, with costs, and shall award a writ of habere facias possessionem, and said judge may issue alias writs and enforce the judgment and may punish for contempt of process thereon; provided, however, that a writ of habere facias possessionem or execution shall not issue within five days from the date of judgment.
MS Code § 11-25-115 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 3 - Proceedings in County Court|§ 11-25-115. Growing crops

 In case of forfeiture under contract of purchase, the purchaser, and in case of foreclosure of deeds in trust or mortgages, the mortgagor shall be entitled to cultivate and gather the crops, if any, planted by him and grown or growing on the premises at the time of the commencement of the suit; and shall, after eviction therefrom have the right to enter thereon for the purpose of completing the cultivation and removing the crops, first paying or tendering to the party entitled to the possession a reasonable compensation for the use of the land. The court may, on demand of the defendant, adjudge the sum to be paid or tendered.
MS Code § 11-25-117 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 3 - Proceedings in County Court|§ 11-25-117. Judgment for defendant

 If the finding be in favor of the defendant, the court shall render judgment against the plaintiff that his complaint be dismissed, and that the defendant recover of him full costs.
MS Code § 11-25-119 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 25 - Unlawful Entry and Detainer|Article 3 - Proceedings in County Court|§ 11-25-119. Judgment not bar

 A judgment rendered in a suit of unlawful entry or detainer, either for the plaintiff or defendant, shall not bar any action in the circuit court between the same parties, respecting the same land; nor shall any judgment given therein be held conclusive of the facts found in any other action between the same parties.
MS Code § 11-27-1 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-1. Who may exercise right of eminent domain

 Any person or corporation having the right to condemn private property for public use shall exercise that right as provided in this chapter, except as elsewhere specifically provided under the laws of the state of Mississippi.
MS Code § 11-27-3 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-3. Court of eminent domain

 A special court of eminent domain is hereby created, to consist of a judge, jury, and such other officers and personnel as hereinafter set out, and it shall have and exercise the jurisdiction and powers hereinafter enumerated. The original powers and jurisdiction shall be and is hereby fixed in the county court in each county that has elected to come under the provisions of Section 9-9-1 Mississippi Code of 1972, or that may hereafter come under the provisions of said Section 9-9-1, and in every other county of this state, the original powers and jurisdiction shall be and is hereby fixed in the circuit court of such county, which said powers and jurisdiction may be exercised in full either in termtime or vacation, or both.
MS Code § 11-27-5 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-5. Complaint to condemn; parties; preference

 Any person or corporation having the right to condemn private property for public use shall file a complaint to condemn with the circuit clerk of the county in which the affected property, or some part thereof, is situated and shall make all the owners of the affected property involved, and any mortgagee, trustee or other person having any interest therein or lien thereon a defendant thereto. The complaint shall be considered a matter of public interest and shall be a preference case over other cases except other preference causes. The complaint shall describe in detail the property sought to be condemned, shall state with certainty the right to condemn, and shall identify the interest or claim of each defendant.
MS Code § 11-27-7 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-7. Filing complaint; lis pendens; time and place of hearing; notice; pleadings

 The complaint shall be filed with the circuit clerk and shall be assigned a number and placed on the docket as other pleadings in circuit court or county court. The plaintiff shall also file a lis pendens notice in the office of the chancery clerk immediately after filing the complaint. The circuit clerk, or the plaintiff by his attorney, shall forthwith present such complaint to the circuit judge or county judge, as the case may be, who shall by written order directed to the circuit clerk fix the time and place for the hearing of the matter, in termtime or vacation, and the time of hearing shall be fixed on a date to allow sufficient time for each defendant named to be served with process as is otherwise provided by the Mississippi Rules of Civil Procedure, for not less than thirty (30) days prior to the hearing. If a defendant, or other party in interest, shall not be served for the specified time prior to the date fixed, the hearing shall be continued to a day certain to allow the thirty-day period specified. Not less than twenty (20) days prior to the date fixed for such hearing, the plaintiff shall file with the circuit clerk and serve upon the defendants, or their respective attorneys, a statement showing: (1) the fair market value of the property to be condemned, determined as of the date of the filing of the complaint; (2) the damages, if any, to the remainder if less than the whole is taken, giving a total compensation and damages to be due as determined by the plaintiff. Not less than ten (10) days prior to the date fixed for such hearing, each of the defendants shall file with the circuit clerk and serve upon the plaintiff, or his attorney, a statement showing: (1) the fair market value of the property to be condemned, determined as of the date of the filing of the complaint; (2) the damages, if any, to the remainder if less than the whole is taken, giving a total compensation and damages to be due as determined by the defendants. In each such instance, both the plaintiff and the defendant shall set out in such statement the asserted highest and best use of the property and shall itemize the elements of damage, if any, to the remainder if less than the whole is taken. The statements required by this section shall constitute the pleadings of the parties with respect to the issue of value, and shall be treated as pleadings are treated in civil actions in the circuit court. The judge, for good cause shown, may increase or decrease the time for pleading by the plaintiff or by the defendant.
MS Code § 11-27-11 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-11. Operation of court

 The circuit clerk shall deliver a copy of said order of the court fixing the time and place for the hearing to the sheriff of the county and to the official court reporter. The sheriff shall attend the court and execute all process. The court reporter shall take the testimony. The circuit clerk, in the presence of the sheriff and chancery clerk, shall draw from the jury box of the court the names of twenty-four (24) jurors, or such numbers of jurors as shall be ordered by the court, who shall serve in said court, and shall issue a venire facias to the sheriff, commanding him to summon the jurors so drawn to appear at the time and place designated by the order of the court. All acts and actions of the clerk and sheriff, including the return endorsed on each summons issued, shall be filed by the clerk and made a part of the record in the cause.
MS Code § 11-27-13 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-13. Separate trials; to injury or to court

 Each different property, identified by separate ownership, shall constitute a separate civil action and shall require a separate trial, unless otherwise agreed by all parties with the approval of the court. Trial shall be to a jury which shall be examined and impaneled in accordance with the Mississippi Rules of Civil Procedure. Alternatively, trial may be to the court, as provided by the Mississippi Rules of Civil Procedure.
MS Code § 11-27-15 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-15. Dismissal; grounds; appeal

 Any defendant may, not less than five (5) days prior to the date fixed for the hearing of the complaint and in the same court where the complaint is pending, serve and file a motion to dismiss under the Mississippi Rules of Civil Procedure for failure to state a claim upon which relief can be granted on a ny of the following grounds: (1) that the plaintiff seeking to exercise the right of eminent domain is not, in character, such a corporation, association, district or other legal entity as is entitled to the right; (2) that there is no public necessity for the taking of the particular property or a part thereof which it is proposed to condemn; or (3) that the contemplated use alleged to be a public use is not in law a public use for which private property may be taken or damaged.Any such motion, if served and filed, shall be heard and decided by the judge as a preference proceeding, without a jury, prior to the hearing on the complaint.Any party may appeal directly to the Supreme Court from an order overruling or granting any such motion to dismiss, as in other cases, but if the order be to overrule the motion, the appeal therefrom shall not operate as a supersedeas and the court of eminent domain may nevertheless proceed with the trial on the complaint.Any appeal from an order overruling or granting a motion to dismiss shall be a preference action in the Supreme Court and advanced on the docket as appropriate.
MS Code § 11-27-17 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-17. Oath of jurors

 When the jury shall be so impaneled, the jurors shall be sworn as follows: "I do solemnly swear or affirm that as a member of this jury I will discharge my duty honestly and faithfully, to the best of my ability, and that I will a true verdict render according to the evidence, without fear, favor, or affection, and that I will be governed by the instructions of the court. So help me God."
MS Code § 11-27-19 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-19. Evidence of value; award and interest

 Evidence may be introduced by either party, and the jury may, in the sound discretion of the judge, go to the premises, under the charge of the court as to conduct, conversation and actions as may be proper in the premises. Evidence of fair market value shall be established as of the date of the filing of the complaint. Any judgment finally entered in payment for property to be taken shall provide legal interest on the award of the jury from the date of the filing of the complaint until payment is actually made; provided, however, that interest need not be paid on any funds deposited by the plaintiff and withdrawn by the defendants prior to judgment. At the conclusion of the trial, the court shall instruct the jury in accordance with the Mississippi Rules of Civil Procedure.
MS Code § 11-27-21 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-21. Damage to remainder; determination

 In determining damages, if any, to the remainder if less than the whole of a defendant's interest in property is taken, nothing shall be deducted therefrom on account of the supposed benefits incident to the public use for which the petitioner seeks to acquire the property.
MS Code § 11-27-23 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-23. Verdict

 In the trial of all cases provided for herein, nine (9) jurors may bring in a verdict as in other civil cases. The verdict of the jury shall be in the following form: "We, the jury, find that the defendant (naming him) will be damaged by the acquisition of his property for the public use, in the sum of_______________Dollars."
MS Code § 11-27-25 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-25. Judgment

 Upon the return of the verdict, the court shall enter a judgment as follows, viz: "In this case the claim of (naming him or them) to have condemned certain lands named in the complaint, to-wit: (here describe the property), being the property of (here name the owner), was submitted to a jury composed of (here insert their names) on the_______________day of_______________ , A. D.,_______________ , and the jury returned a verdict fixing said defendant's compensation and damages at_______________Dollars, and the verdict was received and entered. Now, upon payment of the said award, with legal interest from the date of the filing of the complaint, ownership of the said property shall be vested in plaintiff and it may be appropriated to the public use as prayed for in the complaint. Let the plaintiff pay the costs, for which execution may issue."
MS Code § 11-27-27 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-27. Transfer of title; payment and deposits previously made

 Upon return of the verdict and entry of the judgment, the applicant shall pay to defendants, or to the clerk if defendants absent themselves, the differences between the judgment and deposits previously made, if any; shall pay the costs of court, including the cost of jury service as is otherwise provided by law for the court in which the case is tried.Then, ownership of the property described in the petition shall be vested in petitioner and it may use said property as specified in the petition.If deposits perviously made exceed the judgement, then the clerk or defendant to whom disbursement thereof has been made, as the case may be, shall pay such excess to the petitioner.
MS Code § 11-27-29 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-29. Appeals

  Every party shall have the right to appeal directly to the Supreme Court from the judgment entered in the special court of eminent domain, whether tried in county court or circuit court, by giving notice within ten (10) days from the date of the judgment or final order entered by the court to the court reporter to transcribe the record as taken and by prepaying all costs that may be adjudged against him; and said notice to the court reporter shall be given and the costs shall be paid as is otherwise required by law for appeals to the Supreme Court.If the judgment be in excess of the sum, if any, deposited, and the plaintiff, other than the State of Mississippi or any political subdivision thereof, desires an appeal, he shall deposit a sum, or a good and sufficient surety bond with a surety company authorized to do business in the State of Mississippi acceptable to the clerk, equal to double the amount of the judgment, less the amount of the deposit, if any, which shall be held exclusively to secure all damages assessed against plaintiff.In any case where the deposit exceeds the compensation to be paid the defendants as determined by the final judgment, the excess shall be returned to the plaintiff.If the appeal is by the defendant, it shall not operate as a supersedeas, nor shall the right of the plaintiff to enter in and upon the land and to appropriate the same to public use by delayed.If the appeal be by the State of Mississippi or any political subdivision thereof, no bond or prepayment of costs shall be required, except the Supreme Court filing fee as required by Section 25-7-3.   The term of a special court of eminent domain shall begin when the court is convened as provided by statute and shall continue for ten (10) days immediately following the entry and filing of a judgement or final order with the clerk of the court, and thereafter the court shall have jurisdiction to dispose of any post trial motions or proceedings filed within said ten (10) days.The jurisdiction of a special court of eminent domain shall expire upon the entry and filing with the clerk of a final judgment or order disposing of any post trial motions or proceedings.
MS Code § 11-27-31 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-31. Property in more than one county

 In case the property sought to be condemned be in more than one (1) county, proceedings may be instituted in either of the counties in which a part of said property is situated.
MS Code § 11-27-33 (2020)
2020 Mississippi Code|Title 11 - Civil Practice and Procedure|Chapter 27 - Eminent Domain|In General|§ 11-27-33. Certain takings of property excluded

 The provisions of this chapter shall not be applied to cases provided for by Section 233 of the Constitution, or to those cases covered under the provisions of Section 51-29-39, Mississippi Code of 1972.