Cal. Civ. Code § 89-7-103
The replication.
Operative Text
If the avowry be for rent and supplies, or either, claimed to be due and in arrears, the replication by the plaintiff shall be substantially in the following form, viz.: “Thomas East v. Circuit court, County. William West. “And the plaintiff, for replication, says he was not indebted to the defendant as stated in his said avowry; and of this the plaintiff puts himself upon the country.” History Codes, 1892, § 2525; 1906, § 2863; Hemingway’s 1917, § 2361; 1930, § 2212; 1942, § 934.
Miss. Code Ann. § 89-7-103 establishes the required form of a plaintiff's replication in a distress action where the defendant (typically a landlord) has filed an avowry claiming rent or supplies are due and in arrears. The replication is the plaintiff's formal denial of that debt, asserting that no such amount was owed as stated in the avowry. This procedural rule sets out the specific language that must be used substantially in the pleading to put the factual dispute before the court (a jury).
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-103, when a landlord pursues a distress action and files an avowry claiming unpaid rent or supplies, they should be prepared for the tenant-plaintiff to respond with a replication denying the debt in the form prescribed by this section. Compliant operators in distress proceedings generally ensure their avowry clearly and accurately states the amounts claimed as due and in arrears, since the replication directly contests those assertions. Understanding this procedural framework helps property owners anticipate the pleading stage of a Mississippi distress action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-103 gives a tenant-plaintiff in a distress action the right to formally deny a landlord's claim of unpaid rent or supplies by filing a replication in the prescribed form, putting the dispute before a jury. This procedural tool allows a tenant to contest the landlord's avowry without admitting that any rent or supplies were actually owed. Tenants involved in a Mississippi distress proceeding may wish to consult a tenant-rights organization or legal aid service to understand how this pleading requirement applies to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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