11-35-7 - Form of the writ of garnishment - when issued by the sheriff.
§ 11-35-7. Form of the writ of garnishment - when issued by the sheriff.
When the sheriff issues a writ of garnishment in executing an attachment, it may be in the following form:
"THE STATE OF MISSISSIPPI.
"To ________ , garnishee:
"Whereas, the undersigned holds an attachment writ against ________ , as defendant at the suit of ________ , as plaintiff, and it appearing that you should be summoned as garnishee:
"We therefore command you to appear in the ________ court, at ________ , on the ________ day of ________ , A. D. ________ , being the return day of said attachment, then and there in said attachment suit to answer (here copy in full every particular that a garnishee is required to answer). Herein fail not, under penalty of having judgment rendered against you for the whole amount of plaintiff's demand.
"Witness my signature, this ________ day of ________ , A. D. ________ .
"__________________ "
The original must be returned to the court properly indorsed with the mode of service and the defendant served, as in other cases.
Sources: Codes, 1892, § 2133; 1906, § 2340; Hemingway's 1917, § 1935; 1930, § 1841; 1942, § 2786.