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Mississippi Code

Miss. Code Ann. § 11-33-45 (2026)

Property may be replevied

✓ current as of July 2026
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The defendant, at any time before final judgment, may replevy the personal property seized and taken into possession by the officer serving an attachment, by giving to such officer a bond, with sufficient sureties, to be approved by him, payable to the plaintiff, in double the value of such property, conditioned to have said property forthcoming to answer and abide the judgment of the court in said suit, or, in default thereof, to pay and satisfy the judgment to the extent of the value of said property; and on the execution of such bond, the officer shall restore to the defendant the property so replevied, and shall return the bond so taken with the writ of attachment and all proceedings thereon. Such replevin shall not affect the lien of the attachment, or the proceedings thereon, as to any rights, credits, or choses in action of the defendant.

Codes, Hutchinson's 1848, ch. 56, art. 4 (10); 1857, ch. 52, art. 8; 1871, § 1439; 1880, § 2427; 1892, § 147; 1906, § 151; Hemingway's 1917, § 143; 1930, § 141; 1942, § 2697.

Notes of Decisions
Cited in 1 case, 1977–1977 · leading case: Mississippi Chem. Corp. v. Chem. Constr. Corp., 444 F. Supp. 925 (S.D. Miss. 1977).
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Mississippi Chem. Corp. v. Chem. Constr. Corp., 444 F. Supp. 925 (S.D. Miss. 1977). · cites it 5× “Section 11-33-45 14 allows the Defendant to recover possession by giving bond for twice the value of the property, or under Sections *940 11-33-59 15 and 11-33-63 16 the Defendant may post bond in double the amount claimed by the Plaintiff and thus dissolve the attachment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.