reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1906, § 718; Hemingway's 1917, § 498; 1930, § 507; 1942, § 1450; Laws, 1902, ch. 69; Laws, 1991, ch. 573, § 19, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-9 - Action for seduction of a woman

An unmarried female may prosecute an action for her own seduction, and recover damages.
Codes, 1880, § 1508; 1892, § 661; 1906, § 719; Hemingway's 1917, § 499; 1930, § 508; 1942, § 1451.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1880, § 1509; 1892, § 662; 1906, § 720; Hemingway's 1917, § 500; 1930, § 509; 1942, § 1452; Laws, 1988, ch. 413, eff. 4/23/1988.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-12 - Civil penalty recoverable for violation of bad check statute; applicability to electronic transfers of funds

(1)
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).
(2)
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:
(a)
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:
(i)
A service charge of Thirty Dollars ($30.00); and
(ii)
In the event suit is filed by a licensed attorney, reasonable attorney's fees as determined by the judge.
(b)
If the amount of the check, draft or order is above Twenty-five Dollars, then the additional damages shall be:
(i)
A service charge of Forty Dollars ($40.00); and
(ii)
In the event suit is filed by a licensed attorney, reasonable attorney's fees as determined by the judge.
(c)
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.
(d)
The provisions of this section shall also apply to electronic transfers of funds.
Laws, 1976, ch. 454; Laws, 2000, ch. 364, § 1; Laws, 2004, ch. 374, § 2; Laws, 2007, ch. 451, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hemingway's 1917, § 502; 1930, § 511; 1942, § 1454; Laws, 1910, ch. 135; Laws, 1920, ch. 312
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hemingway's 1917, § 503; 1930, § 512; 1942, § 1455; Laws, 1910, ch. 135; Laws, 1920, ch. 312.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Laws, 1976, ch. 385, § 3; Laws, 1998, ch. 513, § 5; Laws, 2010, ch. 506, § 1, eff. 7/1/2010.
Amended by Laws, 2014, ch. 312, HB 96, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hemingway's 1917, § 504; 1930, § 513; 1942, § 1456; Laws, 1914, ch. 156.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Laws, 1976, ch. 385, § 5, eff. 4/27/1976.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-21 - through 11-7-27 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 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]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1857, ch. 61, art. 52; 1871, § 680; 1880, § 1517; 1892, § 668; 1906, § 726; Hemingway's 1917, § 509; 1930, § 518; 1942, § 1461.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-31 - through 11-7-39 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 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. [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]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1857, ch. 61, art. 89; 1871, § 579; 1880, § 1539; 1892, § 674; 1906, § 732; Hemingway's 1917, § 515; 1930, § 524; 1942, § 1467.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1857, ch. 61, art. 89; 1880, § 1539; 1892, § 675; 1906, § 733; Hemingway's 1917, § 516; 1930, § 525; 1942, § 1468.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-45 - through 11-7-65 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 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; 1950, ch. 356, §§ 1, 2 (Para. 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]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hutchinson's 1848, ch. 59, art. 10; 1857, ch. 61, art. 99; 1871, § 602; 1880, § 1552; 1892, § 689; 1906, § 747; Hemingway's 1917, § 530; 1930, § 539; 1942, § 1483.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-69 - and 11-7-71 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 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]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1857, ch. 61, art. 104; 1871, § 607; 1880, § 1555; 1892, § 691; 1906, § 749; Hemingway's 1917, § 532; 1930, § 541; 1942, § 1485; Laws, 1991, ch. 573, § 20, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-75 - through 11-7-105 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 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]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1857, ch. 61, art. 84; 1871, § 588; 1880, § 1573; 1892, § 710; 1906, § 768; Hemingway's 1917, § 551; 1930, § 560; 1942, § 1504.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-109 - through 11-7-129 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 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; 1948, ch. 229; 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]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hutchinson's 1848, ch. 53, art. 6 (13); 1857, ch. 61, art. 10; 1871, § 534; 1880, § 1707; 1892, § 725; 1906, § 786; Hemingway's 1917, § 569; 1930, § 578; 1942, § 1522.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-133 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, Hemingway's 1917, § 570; 1930, § 579; 1942, § 1523; Laws, 1912, ch. 158.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1857, ch. 61, art. 169; 1871, § 651; 1880, § 1706; 1892, § 726; 1906, § 787; Hemingway's 1917, § 571; 1930, § 580; 1942, § 1524.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-137 - through 11-7-145 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 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]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1892, § 728; Laws, 1906, § 789; Hemingway's 1917, § 573; 1930, § 582; 1942, § 1526.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hutchinson's 1848, ch. 61, art. 1 (137); 1857, ch. 61, art. 156; 1871, § 638; 1880, § 1711; 1892, § 729; 1906, § 790; Hemingway's 1917, § 574; 1930, § 583; 1942, § 1527.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hutchinson's 1848, ch. 61, art. 1 (80); 1857, ch. 61, art. 157; 1871, § 639; 1880, § 1712; 1892, § 730; 1906, § 791; Hemingway's 1917, § 575; 1930, § 584; 1942, § 1528.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-153 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
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.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hutchinson's 1848, ch. 61, art. 1 (144); 1857, ch. 61, art. 161; 1871, § 643; 1880, § 1714; 1892, § 732; 1906, § 793; Hemingway's 1917, § 577; 1930, § 586; 1942, § 1530; Laws, 1991, ch. 573, § 21, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1906, § 762; Hemingway's 1917, § 565; 1930, § 574; 1942, § 1518.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1906, § 779; Hemingway's 1917, § 562; 1930, § 571; 1942, § 1515.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1906, § 780; Hemingway's 1917, § 563; 1930, § 572; 1942, § 1516.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hutchinson's 1848, ch. 59, art. 1 (91); 1857, ch. 61. art. 184; 1871, § 625; 1880, § 1584; 1892, § 721; 1906, § 781; Hemingway's 1917, § 564; 1930, § 573; 1942, § 1517.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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

(1)
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.
(2)
For purposes of this section, "position of trust" shall include, but not be limited to, a person who:
(a)
Is named the attorney-in-fact in a power of attorney, whether executed before or after the adult became vulnerable;
(b)
Has assumed a duty to provide care to the vulnerable adult;
(c)
Is in a fiduciary relationship with the vulnerable adult, including a de facto guardian or de facto conservator; or
(d)
Is a joint tenant or tenant in common with the vulnerable adult.
(3)
"Vulnerable adult" shall have the meaning defined in Section
43-47-5
, Mississippi Code of 1972.
(4)
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.
(5)
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.
Laws, 2007, ch. 550, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-167 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1857, ch. 61, art. 181; 1871, § 622; 1880, § 1727; 1892, § 746; 1906, § 808; Hemingway's 1917, § 596; 1930, § 600; 1942, § 1544.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1857, ch. 61, art. 179; 1871, § 661; 1880, § 1729; 1892, § 748; 1906, § 810; Hemingway's 1917, § 598; 1930, § 602; 1942, § 1546.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-171 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
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.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1857, ch. 61, art. 254; 1871, § 824; 1880, § 1731; 1892, § 750; 1906, § 812; Hemingway's 1917, § 600; 1930, § 604; 1942, § 1548.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hemingway's 1921 Supp, § 616a; 1930, § 621; 1942, § 1565; Laws, 1920, ch. 234.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-177 - and 11-7-179 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 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]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
(Signed) ____________________
"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."
Codes, Hutchinson's 1848, ch. 61, art. 6 (1); 1857, ch. 61, art. 257; 1871, § 827; 1880, § 1734; 1892, § 753; 1906, § 815; Hemingway's 1917, § 603; 1930, § 607; 1942, § 1551.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hutchinson's 1848, ch. 61, art. 6 (1); 1857, ch. 61, art. 258; 1871, § 828; 1880, § 1735; 1892, § 754; 1906, § 816; Hemingway's 1917, § 604; 1930, § 608; 1942, § 1552.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1892, § 755; 1906, § 817; Hemingway's 1917, § 605; 1930, § 609; 1942, § 1553.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hutchinson's 1848, ch. 61, art. 1 (94); 1857, ch. 61, art. 185; 1871, § 626; 1880, § 1728; 1892, § 747; 1906, § 809; Hemingway's 1917, § 597; 1930, § 601; 1942, § 1545.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hutchinson's 1848, ch. 61, art. 14 (1); 1857, ch. 61, art. 261; 1871, § 830; 1880, § 1737; 1892, § 757; 1906, § 819; Hemingway's 1917, § 607; 1930, § 611; 1942, § 1555; Laws, 1995, ch. 565, § 3, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1857, ch. 61, art. 261; 1871, § 830; 1880, § 1737; 1892, § 758; 1906, § 820; Hemingway's 1917, § 608; 1930, § 612; 1942, § 1556.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, Hutchinson's 1848, ch. 61, art. 14 (3); 1857, ch. 61, art. 262; 1871, § 833; 1880, § 1738; 1892, § 759; 1906, § 821; Hemingway's 1917, § 609; 1930, § 613; 1942, § 1557; Laws, 1991, ch. 416, § 1; Laws, 1995, ch. 565, § 4; Laws, 1997, ch. 342, § 2, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 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.
Codes, 1857, ch. 61, art. 263; 1871, § 834, 1880, § 1739; 1892, § 760; 1906, § 822; Hemingway's 1917, § 610; 1930, § 614; 1942, § 1558.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 7 - PRACTICE AND PROCEDURE IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-199 - Growing crop not subject to judgment lien

A growing crop shall not be subject to the lien of a judgment.
Codes, 1880, § 1764; 1892, § 761; 1906, § 823; Hemingway's 1917, § 611; 1930, § 615; 1942, § 1559.