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Mississippi Code Title 11. Civil Practice and Procedure § 11-33-19. Contents of writ

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The writ shall be in the form or to the effect following, to wit:


“To the sheriff or any constable of __________ county, greeting:

“Whereas, AB (or agent or attorney of AB) hath complained on oath to __________ one of the judges of the Supreme Court (or other officer as the case may be) that CD is justly indebted to the said AB to the amount of __________ and that the said CD is a nonresident, etc. (reciting the affidavit) and bond and security having been given according to the statute:

“We therefore command you that you attach the said CD by his estate, re al and personal, in your county to the value of the said demand and costs of suit, and that you safely keep the same according to law, so as to compel the said CD to appear before the __________ court (or before the court of __________, a justice court judge of __________ county), to be held at __________, in and for the county of __________, on the __________ Monday of __________, to answer the above complaint.  And that you summon the said CD, if to be found in your county, to appear and answer accordingly;  and have there then this writ, with your proceedings thereon.

“Witness my hand, this ___ day of __________, A.D. __________.”

The writ shall be signed by the officer granting the same or, if issued by a clerk or his deputy, shall be dated, signed and sealed as other writs;  and an attachment shall not be quashed or abated for want of form if the substantial matters expressed in the foregoing precedent be contained therein;  and on the demand of the plaintiff said writ may embody a garnishment.

Cite this article: - Mississippi Code Title 11. Civil Practice and Procedure § 11-33-19. Contents of writ - last updated January 01, 2018 |

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