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 11-7-201 - 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.
Codes, 1857, ch. 61, art. 266; 1871, § 838; 1880, § 1741; 1892, § 762; 1906, § 824; Hemingway's 1917, § 612; 1930, § 616; 1942, § 1560.
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IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-203 - through 11-7-209 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 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]
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 11-7-211 - 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.
Codes, 1906, § 799; Hemingway's 1917, § 587; 1930, § 591; 1942, § 1535.
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IN CIRCUIT COURTS (§§ 11-7-1 — 11-7-309) › IN GENERAL (§§ 11-7-1 — 11-7-221) › Section 11-7-213 - and 11-7-215 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 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]
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 11-7-217 - 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.
Codes, 1857, ch. 61, art. 304; 1871, § 867; 1880, § 1785; 1892, § 764; 1906, § 826; Hemingway's 1917, § 614; 1930, § 618; 1942, § 1562.
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 11-7-219 - 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.
Codes, 1857, ch. 61, art. 308; 1871, § 869; 1880, § 1788; 1892, § 766; 1906, § 828; Hemingway's 1917, § 616; 1930, § 619; 1942, § 1563.
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 11-7-221 - 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.
Codes, 1857, ch. 61, art. 308; 1871, § 869; 1880, § 1788; 1892, § 766; 1906, § 828; Hemingway's 1917, § 616; 1930, § 620; 1942, § 1564.
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) › UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 11-7-301 — 11-7-309) › Section 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.
Laws, 1984, ch. 403, § 1, eff. 7/1/1984.
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) › UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 11-7-301 — 11-7-309) › Section 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.
Laws, 1984, ch. 403, § 2; Laws, 1991, ch. 371, § 1; Laws, 1995, ch. 565, § 5, 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) › UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 11-7-301 — 11-7-309) › Section 11-7-305 - Affidavit of filing; notice; execution

(1)
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.
(2)
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.
(3)
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.
Laws, 1984, ch. 403, § 3, eff. 7/1/1984.
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) › UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 11-7-301 — 11-7-309) › Section 11-7-307 - Appeal; stay of execution; security

(1)
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.
(2)
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.
Laws, 1984, ch. 403, § 4, eff. 7/1/1984.
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) › UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS (§§ 11-7-301 — 11-7-309) › Section 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.
Laws, 1984, ch. 403, § 5, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 1 - COUNTY COURTS (§§ 11-9-1 — 11-9-3) › Section 11-9-1 - Writs returnable to other courts may be made returnable to county court; acts of justice court judge, clerk, judge, chancellor, or other officer may be done in behalf of county court

Whenever under any statute a writ is made returnable to, or the institution of any suit or proceeding is required to be in, a justice court, general or special, or a circuit or chancery court, or when in respect to such matters any justice court judge, or clerk, or judge or chancellor, or other officer, is empowered to do any act in or about any of said courts, the said writs may be made returnable to the county court in any cause or matter there pending or which, within its jurisdiction, is there to be instituted, and all the said acts of the officers aforesaid may be done in behalf of or in respect to the county court in all such matters and causes to the same extent as had the county court been expressly included in each and every of such statutes first aforementioned.
Codes, 1930, § 696; 1942, § 1607; Laws, 1926, ch. 131; Laws, 1991, ch. 573, § 22, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 1 - COUNTY COURTS (§§ 11-9-1 — 11-9-3) › Section 11-9-3 - Venue of actions, suits and proceedings

The venue of actions, suits and proceedings in the county court shall be the same as that now generally provided, or which may hereafter be provided with respect to the particular action, suit or proceedings. Provided, however, that all suits and matters filed in the county court which, if there were no county court, would be triable in the justice court, shall be tried at the courthouse of the county or courthouse of the proper judicial district in counties having two (2) circuit and chancery court districts therein.
Codes, 1930, § 695; 1942, § 1606; Laws, 1926, ch. 131; Laws, 1981, ch. 471, § 23; Laws, 1982, ch. 423, § 28, made eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27
.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-101 - Where suits to be brought

(1)
The jurisdiction of the justice court shall be coextensive with its county, and any process may be issued in matters within its jurisdiction, to be executed in any part of the county. Every defendant may be sued only in the county in which he resides or where the cause of action arose and if a defendant does not reside in the State of Mississippi or has no fixed place of residence, he shall be sued in the county where the cause of action arose. Whenever by reason of interest, relationship to one of the parties, or other like cause, any justice court judge shall be disqualified to preside in any case before him, the same shall be transferred to a justice court judge in the county, free from such objection, who shall hear and determine the same. Nothing herein contained shall be construed as authorizing or empowering the clerk of the justice court or any justice court judge to perform any official act outside of the territorial boundaries of their county.
(2)
The provisions of this section shall not apply to any cause of action commenced before January 1, 1984; and any such action shall be concluded in accordance with state law as it was constituted before that date.
Codes, Hutchinson's 1848, ch. 50, art. 2 (10); 1857, ch. 58, art. 8; 1871, §§ 1303, 1340; 1880, §§ 2191, 2231; 1892, § 2395; 1906, § 2724; Hemingway's 1917, § 2223; 1930, § 2072; 1942, § 1806; Laws, 1955 Ex. ch. 40; Laws, 1960, ch. 238; Laws, 1981, ch. 471, § 1; Laws, 1982, ch. 423, § 1; Laws, 1992, ch. 389 § 1, eff. 4/27/1992.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-103 - If two or more defendants, where brought

In suits or proceedings against two (2) or more defendants, jointly or jointly and severally liable, it shall be lawful to bring the suit in the justice court of the county wherein either of the defendants reside or where the cause of action arose; and such justice court shall have power to issue a summons or other process to bring in all codefendants from any other county.
Codes, 1871, § 1320; 1880, § 2192; 1892, § 2396; 1906, § 2725; Hemingway's 1917, § 2224; 1930, § 2073; 1942, § 1807; Laws, 1981, ch. 471, § 24; Laws, 1982, ch. 423, § 28; Laws, 1992, ch. 389 § 2, eff. 4/27/1992.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-105 - How suit begun in civil cases

Anyone desiring to sue in the justice court shall lodge with the clerk of the justice court the evidence of debt, statement of account, or other written statement of the cause of action. The clerk shall record all filings and shall, as far as practicable, assign the cases to each justice court judge in the county on a rotating basis to insure equal distribution of the cases among the judges of the county; however, in all counties in which the courtrooms provided by the county for use of the justice court judges are located in more than one (1) place in the county, the clerk, in addition to assigning cases to the judges on a rotating basis, may also assign a courtroom for each case, such assignment may be made based upon the proximity of the courtroom to the defendant's residence or place of business. The clerk shall issue a summons for the defendant, returnable to the next term of the court of the justice court judge to which the case is assigned, which shall be executed five (5) days before the return day; but if the process be executed less than five (5) days before the return day, the service shall be good to require the appearance of the defendant at the term next succeeding the one to which it is returnable. Any summons issued within five (5) days before a term of the court shall be made returnable to the next succeeding term, unless a shorter day be named, in pursuance of the provision for a trial without delay in the case of nonresident or transient defendants. When the case has been recorded and assigned and process issued, the clerk shall, within two (2) working days, forward certified copies of all documents pertaining to the case to the justice court judge to which the case is assigned for further processing.
Code, Hutchinson's 1848, ch. 50, art. 2 (9); 1857, ch. 58, arts. 7, 10; 1871, §§ 1305, 1310; 1880, §§ 2196, 2197; 1892, § 2401; 1906, § 2730; Hemingway's 1917, § 2229; 1930, § 2078; 1942, § 1812; Laws, 1981, ch. 471, § 13; Laws, 1982, ch. 423, § 10; Laws, 1991, ch. 551, § 1, eff. 10/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-107 - Service of process by sheriff or constable

When any process has not been returned by a constable within ten (10) working days after issuance by the clerk of the justice court, the clerk shall direct the sheriff of his county and his deputies to execute any such process of the justice court; and the sheriff and his deputies shall execute any process so directed to him by any clerk of the justice court.
Codes, 1857, ch. 58, art. 11; 1871, § 1311; 1880, § 2198; 1892, § 2402; 1906, § 2731; Hemingway's 1917, § 2230; 1930, § 2079; 1942, § 1813; Laws, 1981, ch. 471, § 25; Laws, 1982, ch. 423, § 28; Laws, 1995, ch. 464, § 2, eff. 10/1/1995.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-109 - Person appointed to execute process

In cases of emergency, and where a constable or sheriff or deputy sheriff cannot be had in time, the clerk of the justice court may appoint some reputable person to execute any process, the clerk to be liable on his bond for all damage which may result to a party to the cause or other person from his appointment of an insolvent or incompetent person.
Codes, 1857, ch. 58, art. 11; 1871, § 1311; 1880, § 2199; 1892, § 2403; 1906, § 2732; Hemingway's 1917, § 2231; 1930, § 2080; 1942, § 1814; Laws, 1981, ch. 471, § 26; Laws, 1982, ch. 423, § 28, made eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27
.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-111 - Property and process delivered to office

Property seized in execution of any process by one appointed by the clerk of the justice court to execute it shall be immediately delivered, with the process, to the sheriff of the county; and the person from whom the property was taken shall be at once informed who has it. Such property shall be considered and dealt with as if it had been seized by the officer to whom it was delivered at the time of its delivery to him.
Codes, 1880, § 2200; 1892, § 2404; 1906, § 2733; Hemingway's 1917, § 2232; 1930, § 2081; 1942, § 1815; Laws, 1981, ch. 471, § 27; Laws, 1982, ch. 423, § 28; Laws, 1991, ch. 324, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-113 - Process returned by sheriff or constable

The process so delivered to the sheriff or constable shall be returned by him to the clerk of the justice court, according to its command.
Codes, 1880, § 2201; 1892, § 2405; 1906, § 2734; Hemingway's 1917, § 2233; 1930, § 2082; 1942, § 1816; Laws, 1981, ch. 471, § 28; Laws, 1982, ch. 423, § 15, eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27(3)
.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-115 - Witnesses to be subpoenaed

The justice court judge before whom any cause is pending shall direct the clerk of the justice court to issue all subpoenas for witnesses which either of the parties may require, and such subpoenas shall be returnable on a day certain, giving reasonable time for attendance. If any witness, duly subpoenaed, shall fail to appear in pursuance of the subpoena, he shall forfeit the sum of ten dollars ($10,00), for the use of the party in whose behalf he was subpoenaed, for which the justice court judge may enter judgment nisi, which shall be made final in case the witness, on being duly subpoenaed to appear and show cause, shall fail to appear and show cause for such default. The justice court may issue an attachment for such witness, as a circuit court may do in like case.
Codes, Hutchinson's 1848, ch. 50, art. 2 (13); 1857, ch. 58, art. 16; 1871, § 1313; 1880, § 2202; 1892, § 2406; 1906, § 2735; Hemingway's 1917, § 2234; 1930, § 2083; 1942, § 1817; Laws, 1981, ch. 471, § 29; Laws, 1982, ch. 423, § 28, made eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27(3)
.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-117 - Form of entry on default of witness

The judgment nisi against a defaulting witness, may be in the following form, viz.:
"____________________, being subpoenaed to appear this day as a witness for ____________________, the ____________________, in the case of ____________________ v. ____________________, No. ____________________, and having made default, judgment is given against said ____________________, the defaulting witness, for ten dollars, in favor of ____________________, to be made final unless said ____________________, the witness, shall show cause against it according to law."
Codes, 1871, § 1313; 1880, § 2248; 1892, § 2407; 1906, § 2736; Hemingway's 1917, § 2235; 1930, § 2084; 1942, § 1818.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-119 - Form of scire facias for witness

The scire facias to be issued by the justice for a defaulting witness may be as follows, viz.:
"The State of Mississippi.
"To any lawful officer of ____________________ County:
"This is to command you to make known to ____________________ that a judgment in favor of ____________________ for ten dollars has been given against him by me, a justice of the peace of ____________________ County, for his default in not appearing before me, at ____________________, on the ____________________ day of ____________________ A. D. ____________________, to testify as a witness for ____________________ in the case of ____________________ against ____________________, No. ____________________ as he has been subpoenaed to do; and unless, on the ____________________ day of ____________________, A. D. ____________________, before me at ____________________, at ____________________, o'clock, ____________________, he shall show cause to the contrary, the said judgment will be made final; and have there then this writ.
"Witness my hand this the ____________________ day of ____________________, A. D. ____________________ J.P."
Codes, 1880, § 2249; 1892, § 2408; 1906, § 2737; Hemingway's 1917, § 2236; 1930, § 2085; 1942, § 1819.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-121 - Form of an attachment for a witness

An attachment for a witness may be in the following form, viz.:
"The State of Mississippi.
"To any lawful officer of ____________________ County:
"We command you to take the body of ____________________, and have him before the undersigned justice of the peace of ____________________ County, at ____________________, on the ____________________ day of ____________________, A. D. ____________________ at ____________________ o'clock ____________________, to testify for the ____________________ in the case of ____________________ against ____________________, No. ____________________ . (But if the said ____________________ shall furnish bail, with sureties, to be approved by you, in the sum of one hundred dollars, for his appearance at said time and place, you will discharge him.) And have there then this writ.
"Witness my hand, the ____________________ day of ____________________, A. D. ____________________ "
The part in brackets should be omitted, if it be not intended that the witness shall be discharged on bail, but shall be brought before the court by the officer. An attachment and scire facias for a defaulting witness may be combined in one writ, and when the witness is before the justice of the peace in pursuance of such process, the judgment nisi shall be made final, if good cause to the contrary be not shown.
Codes, 1880, §§ 2250, 2251; 1892, § 2409; 1906, § 2738; Hemingway's 1917, § 2237; 1930, § 2086; 1942, § 1820.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-123 - Form of entry of judgment in such case

The entry of final judgment in such case may be in the following form, viz.:
"____________________ being duly summoned to appear and show cause against the judgment nisi for ten dollars entered against him in favor of ____________________, as a defaulting witness in the case of ____________________ v. ____________________ No. ____________________ on the ____________________ day of ____________________ A. D. ____________________, and having failed to show cause for such default, the said judgment nisi for ten dollars is now made final, as well as judgment for costs in said matter, this the ____________________ day of ____________________ A. D. ____________________ ."
Codes, 1880, § 2252; 1892, § 2410; 1906, § 2739; Hemingway's 1917, § 2238; 1930, § 2087; 1942, § 1821.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-125 - Setoff filed on return day before trial

The defendant in any action shall, on or before the return day of the summons, and before the trial of the case, file with the justice court judge to whom the case is assigned the evidence of debt, statement of account, or other written statement of the claim, if any, which he may desire to and which lawfully may be set off against the demand of the plaintiff, and, in default thereof, he shall not be permitted to use it on the trial.
Codes, 1871, § 1306; 1880, § 2204; 1892, § 2411; 1906, § 2740; Hemingway's 1917, § 2239; 1930, § 2088; 1942, § 1822; Laws, 1981, ch. 471, § 30; Laws, 1982, ch. 423, § 28, made eff. 1/1/1984, or, with respect to a given county, from and after such earlier date as the county appoints a justice court clerk pursuant to §
9-11-27(3)
.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-127 - Trial and judgment; execution

On the return day of the summons, unless continued, the justice court judge shall hear and determine the cause if both parties appear; give judgment by default if the defendant fails to appear and contest plaintiff's demand, or judgment of nonsuit against the plaintiff if he fails to appear and prosecute his claim; enter judgment in favor of the defendant where, in case of setoff, it shall appear that there is a balance due him, for the amount of such balance, and, when requested, issue execution against the goods and chattels, lands and tenements, of the party against whom judgment is rendered, for the amount of the judgment and costs, or costs alone, as the case may require, returnable to a day more than twenty (20) days after the rendition of the judgment, and not more than six (6) months after the issuance of the execution; and the execution may be directed to the proper officer of any county in this state.
Codes, Hutchinson's 1848, ch. 50, art. 2 (9); 1857, ch. 58, art. 7; 1871, § 1307; 1880, § 2205; 1892, § 2412; 1906, § 2741; Hemingway's 1917, § 2240; 1930, § 2089; 1942, § 1823; Laws, 1991, ch. 453, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-129 - Judgment operates as a lien if enrolled

Judgments rendered by justices of the peace shall operate as a lien upon the property, real or personal, of the defendant or defendants therein, found or situated in the county where rendered, or in any other county where the same may be, which is not exempt by law from execution, if an abstract of the judgment be filed with the clerk of the circuit court of the county wherein the property is situated, and entered upon the judgment roll, as in other cases of enrolled judgments. The lien shall commence from the date of enrollment, and the judgment may be enrolled and have the force and effect of a lien in all cases where an appeal is taken, as well as in other cases. And in the event of a reversal of the judgment of the justice's court, the clerk of the circuit court shall enter a memorandum to that effect on the judgment roll.
Codes, Hutchinson's 1848, ch. 50, art. 10 (13); 1857, ch. 58, art. 20; 1871, § 1318; 1880, § 2206; 1892, § 2413; 1906, § 2742; Hemingway's 1917, § 2241; 1930, § 2090; 1942, § 1824.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-131 - Execution not to be issued within ten days

An execution shall not issue on any judgment of a justice of the peace until ten days after its rendition, unless the party recovering therein shall make and file an affidavit that he believes he will be in danger of losing his debt or demand by such delay, in which case execution shall issue immediately; but the opposite party shall not be deprived of his right of appeal within the time prescribed.
Codes, Hutchinson's 1848, ch. 50, art. 2 (17); 1857, ch. 58, art. 21; 1871, § 1317; 1880, § 2207; 1892, § 2414; 1906, § 2743; Hemingway's 1917, § 2242; 1930, § 2091; 1942, § 1825.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-133 - Form of an execution

An execution may be in the following form, viz.:
"The State of Mississippi.
"To any lawful officer of ____________________ county:
"We command you that of the real and personal estate of ____________________ you cause to be made ____________________ dollars, adjudged by the undersigned, justice of the peace of the county of ____________________ in said state, on the ____________________ day of ____________________ A. D. ____________________, to ____________________, also interest at ____________________ per centum on said sum until you shall make said money, and costs to amount of ____________________ dollars, as taxed, and costs to accrue under this execution, to be taxed by you; and have said money before me on the ____________________ day of ____________________, A. D. ____________________, and have there then this writ.
"Witness my hand the ____________________ day of ____________________ A. D. ____________________ J. P."
Detailed statement of costs, giving each item separately and specifying the law for it, the section and paragraph thereof, viz.; "Issuing summons, $____________________, serving summons $____________________ ," etc.
Codes, 1880, § 2253; 1892, § 2415; 1906, § 2744; Hemingway's 1917, § 2243; 1930, § 2092; 1942, § 1826.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-135 - Proceedings in replevin, attachment, liens

Proceedings in replevin, attachment, trial of a claim to property levied on, and for the enforcement of statutory liens before justices of the peace, shall be, as far as practicable, according to those in the circuit courts, in all like cases.
Codes, 1871, § 1321; 1880, § 2212; 1892, § 2416; 1906, § 2745; Hemingway's 1917, § 2244; 1930, § 2093; 1942, § 1827.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-137 - Judgment on merits res adjudicata

When any suit brought before a justice of the peace shall be finally decided on its merits by the justice, it shall be a bar to a recovery for the same cause of action or setoff in any other suit.
Codes, Hutchinson's 1848, ch. 50, art. 2 (15); 1857, ch. 58, art. 19; 1871, § 1316; 1880, § 2213; 1892, § 2417; 1906, § 2746; Hemingway's 1917, § 2245; 1930, § 2094; 1942, § 1828.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-139 - Execution of judgment may be stayed

If the party against whom judgment is given, shall, within ten days thereafter, procure some responsible person to appear before the justice, and in writing, to be entered on the docket of the justice and signed by such person, consent to become surety therefor, the justice shall grant a stay of execution for thirty days from the date of the judgment on all sums not exceeding fifty dollars and for sixty days on all sums over fifty dollars. In case the money be not paid at the expiration of such stay, execution shall issue against the principal and sureties, or either of them, for the principal, interest, and costs.
Codes, Hutchinson's 1848, ch. 50, art. 2 (16); 1857, ch. 58, art. 22; 1871, § 1343; 1880, § 2214; 1892, § 2418; 1906, § 2747; Hemingway's 1917, § 2246; 1930, § 2095; 1942, § 1829.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-141 - Effect of stay

A party obtaining a stay of execution shall thereby waive all errors in the judgment and abandon the right of appeal and certiorari.
Codes, 1871, § 1344; 1880, § 2215; 1892, § 2419; 1906, § 2748; Hemingway's 1917, § 2247; 1930, § 2096; 1942, § 1830.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-143 - Trial by jury

On or before the return day of the process either party may demand a trial by jury, and thereupon the justice of the peace shall order the proper officer to summon six persons, competent to serve as jurors in the circuit court, to appear immediately, or at such early day as he may appoint, whether at a regular term or not, who shall be sworn to try the case; but each party shall be entitled to challenge peremptorily two jurors, and as many more as he can show sufficient cause for. If a sufficient number of jurors shall not appear, others may be summoned until a jury is made up, to consist of six, against whom legal objections shall not exist. If the jury fail to agree, it may be discharged and another jury summoned, and so on until a verdict is obtained, and judgment shall be entered by the justice on the verdict.
Codes, Hutchinson's 1848, ch. 50, art. 10 (5); 1857, ch. 58, art. 26; 1871, § 1326; 1880, § 2222; 1892, § 2425; 1906, § 2754; Hemingway's 1917, §§ 2253; 1930, § 2102; 1942, § 1836.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-145 - Multiple cases tried by same jury

If a justice have more jury cases than one on the same day, he shall use the same jury for the trial of each, subject to the right of challenge by either party and like proceedings in all respects as in other cases. If more cases than one be tried by the same jury, the justice shall apportion the cost of the jury among the several cases and tax it in accordance with justice.
Codes, 1871, § 1328; 1880, § 2224; 1892, § 2426; 1906, § 2755; Hemingway's 1917, § 2254; 1930, § 2103; 1942, § 1837.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 9 - PRACTICE AND PROCEDURE IN COUNTY COURTS AND JUSTICE COURTS (§§ 11-9-1 — 11-9-147) › Article 3 - JUSTICE COURTS (§§ 11-9-101 — 11-9-147) › Section 11-9-147 - Trial by jury; fining of delinquent jurors

The justice of the peace may fine any person summoned as a juror failing to attend in any sum not exceeding ten dollars; and if such person, when summoned to show cause why the fine should not be made final, shall not appear and show cause, execution shall issue for the fine and costs.
Codes, Hutchinson's 1848, ch. 50, art. 10 (7); 1857, ch. 58, art. 27; 1871, § 1329; 1880, § 2225; 1892, § 2427; 1906, § 2756; Hemingway's 1917, § 2255; 1930, § 2104; 1942, § 1838.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › IN GENERAL (§§ 11-11-1 — 11-11-19) › Section 11-11-1 - Provisions of this chapter 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.
Codes, Hutchinson's 1848, ch. 53, art. 2 (100); 1857, ch. 61, art. 189; 1871, § 630; 1880, § 1585; 1892, § 629; 1906, § 687; Hemingway's 1917, § 465; 1930, § 474; 1942, § 1412.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › IN GENERAL (§§ 11-11-1 — 11-11-19) › Section 11-11-5 - and 11-11-7 - [Repealed]

Repealed by Laws, 2002, 3rd Ex. Sess., ch. 4, § 2, eff. 1/1/2003.
§ 11-11-5. [Codes, 1871, § 2410; 1880, § 1499; 1892, § 651; Laws, 1906, 708; Hemingway's 1917, § 487; Laws, 1930, § 496; Laws, 1942, § 1434; Laws, 1926, ch. 148; Laws, 1930, ch. 121; Laws, 1979, ch. 319, § 1; Laws, 1992, ch. 301, § 1, eff. 7/1/1992, and applicable only to causes of action accruing on or after 7/1/1992.]§ 11-11-7. [Codes, 1871, § 2410; 1880, § 1500; 1892, § 652; Laws, 1906, § 709; Hemingway's 1917, § 488; Laws, 1930, § 497; Laws, 1942, § 1435; Laws, 1916, ch. 201; Laws, 1971, ch. 349, § 1, eff. March 12, 1971.]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › IN GENERAL (§§ 11-11-1 — 11-11-19) › Section 11-11-9 - Actions against executors

Executors, administrators or guardians, appointed in this state and residing out of it, may be sued in the county of their appointment and may be made parties to such suit so as to authorize judgment against them by publication of summons made as provided for in the case of absent and nonresident defendants.
Actions against resident executors, administrators or guardians may be brought in the county or judicial district of their appointment.
Codes, 1880, § 1520; 1892, § 653; 1906, § 710; Hemingway's 1917, § 489; 1930, § 498; 1942, § 1436; Laws, 1971, ch. 486, § 1, eff. March 31, 1971.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › IN GENERAL (§§ 11-11-1 — 11-11-19) › Section 11-11-11 - and 11-11-13 - [Repealed]

Repealed by Laws, 2002, 3rd Ex. Sess., ch. 4, § 2, eff. 1/1/2003.
§ 11-11-11. [Codes, 1942, § 1437; Laws, 1940, ch. 246; Laws, 1964, ch. 320, § 1; Laws, 1968, ch. 330, § 1; Laws, 1971, ch. 431, § 1, eff. March 24, 1971.] § 11-11-13. [Codes, 1942, § 9352-61; Laws, 1938, chs. 148, 345; Laws, 1946, ch. 266, § 61; Laws, 1952, ch. 265, § 1; Laws, 1954, ch. 299, §§ 1, 2; Laws, 1958, ch. 262; Laws, 1964, ch. 376, §§ 1-4, eff. 4/22/1964.]
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › IN GENERAL (§§ 11-11-1 — 11-11-19) › Section 11-11-15 - Actions against State Board of Health or State Board of Medical Licensure

The venue of actions against the Mississippi State Board of Health wherein said board is a defendant, or the State Board of Medical Licensure wherein said board is a defendant, shall be in Hinds County.
Codes, 1942, § 7096-01; Laws, 1946, ch. 483, § 1; Laws, 1980, ch. 458, § 32, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › IN GENERAL (§§ 11-11-1 — 11-11-19) › Section 11-11-17 - Where court has jurisdiction of subject matter but not venue

Where an action is brought in any justice court of this state, of which the court in which it is brought has jurisdiction of the subject matter, but lacks venue jurisdiction, such action shall not be dismissed because of such lack of proper venue, but on objection on the part of the defendant shall, by the court, be transferred, together with all prepaid costs remaining after the court in which the action was originally brought has deducted the costs incurred in that court, to the venue to which it belongs.
Codes, 1942, § 1441; Laws, 1940, ch. 233; Laws, 1981, ch. 471, § 3; Laws, 1982, ch. 423, § 3; Laws, 1989, ch. 404, § 1; Laws, 1991, ch. 573, § 23, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › IN GENERAL (§§ 11-11-1 — 11-11-19) › Section 11-11-19 - Where brought if judge interested

If the judge of the court be a party to or interested in any suit about to be commenced, the suit may be instituted in an adjacent district, and the process may be issued to and served in any county where the defendant may be found; or the suit may be brought as if the judge were not a party to or interested in it.
Codes, Hutchinson's 1848, ch. 58, art. 1 (173); 1857, ch. 61, art. 34; 1871, § 524; 1880, § 1501; 1892, § 654; 1906, § 711; Hemingway's 1917, § 490; 1930, § 499; 1942, § 1442.
Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 11 - VENUE OF ACTIONS (§§ 11-11-1 — 11-11-59) › CHANGE OF VENUE (§§ 11-11-51 — 11-11-59) › Section 11-11-51 - Grounds for change of venue, generally

When either party to any civil action in the circuit court shall desire to change the venue, he shall present to the court, or the judge of the district, a petition setting forth under oath that he has good reason to believe, and does believe that, from the undue influence of the adverse party, prejudice existing in the public mind, or for some other sufficient cause to be stated in the petition, he cannot obtain a fair and impartial trial in the county where the action is pending, and that the application is made as soon as convenient after being advised of such undue influence, prejudice, or other cause, and not to delay the trial or to vex or harass the adverse party. On reasonable notice in writing to the adverse party of the time and place of making the application, if made in vacation, the court, if in term time, or the judge in vacation, shall hear the parties and examine the evidence which either may adduce, and may award a change of venue to some convenient county where an impartial trial may be had, and, if practicable, in which the circuit court may next be held. If made in vacation, the order shall be indorsed on the petition and directed to the clerk, who shall file the same with the papers in the suit.
Codes, Hutchinson's 1848, ch. 59, art. 2 (1); 1857, ch. 61, art. 122; 1871, § 719; 1880, § 1502; 1892, § 655; 1906, § 712; Hemingway's 1917, § 491; 1930, § 500; 1942, § 1443.