Cal. Civ. Code § 89-7-91
Summons or publication for party distraining.
Operative Text
In case of failure to summon in the first instance the party in whose name or right the distress was made, a summons may be issued for him by the clerk of the circuit court or justice of the peace; and if he cannot be found, publication may be made as in attachment cases. History Codes, 1880, § 1313; 1892, § 2520; 1906, § 2858; Hemingway’s 1917, § 2356; 1930, § 2206; 1942, § 928.
Mississippi Code § 89-7-91 addresses a procedural gap in distress (distraint) proceedings, which are legal actions related to the seizure of property, often in landlord-tenant disputes over unpaid rent. If the party in whose name or right the distress was made was not initially summoned, the law allows a summons to be issued later by the clerk of the circuit court or a justice of the peace. When that party cannot be located, the statute permits notice by publication, following the same procedures used in attachment cases.
Plain English — not legal advice.
Under Miss. Code Ann. § 89-7-91, landlords or other parties who initiate a distress action should be aware that proper service of process is a foundational requirement in these proceedings. If the party in whose name the distress was made was not summoned at the outset, the court has a mechanism to issue a subsequent summons through the circuit court clerk or a justice of the peace. Operators involved in distress proceedings generally ensure that all required parties are identified and served in a timely manner to avoid procedural complications.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-7-91 establishes that even if the party who initiated a distress action was not originally summoned, they can still be brought into the proceeding through a later summons or, if they cannot be found, through publication notice similar to attachment cases. Tenants who are involved in a distress proceeding may find it relevant to verify that all required parties have been properly identified and served, as procedural defects can sometimes be raised in a legal proceeding. Consulting a tenant-rights organization or legal aid service familiar with Mississippi landlord-tenant law can help tenants understand how this procedural rule may apply 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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