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1989 Mississippi Attorney General Reports and Opinions 1 (1989)

handle is hein.sag/sagms0007 and id is 1 raw text is: STATE OF MISSISSIPPI MIKE MOORE ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL OFFICIAL ATTORNEY GENERAL'S OPINION September 20, 1989 Mr. Jerry A. Thomas County Administrator Post Office Box 686 Jackson, Mississippi 39205 Re: Justice Court Clerk's authority to issue post judgment writs without a judge's order Dear Mr. Thomas: Attorney General Mike Moore has received your letter request and has assigned it to me for research and reply. your letter you ask the following three questions: QUESTION NO. 1: Whether Section 9-11-27 of the Mississippi Code of 1972 Annotated) empowering the Clerk of the Justice Court to issue process, authorizes the Clerk of the Justice Court to issue writs of garnishment, writs of execution, writs of replevin and warrants of removal without a prior written order from the Justice Court Judge? More specifically, does the word issue in said Code Section empower the Clerk of the Justice Court to sign these documents? RESPONSE: In response to this question your attention is respectfully invited to S9-11-27, Miss. Code Ann. 1972 as amended, which reads in pertinent part as follows: The clerk and deputy clerks shall be empowered to file and record actions and pleadings, . . . to issue warrants in criminal cases upon direction by a justice court judge in the county, . . . and to issue OFFICE OF THE ATTORNEY GENERAL STATE OF MISSISSIPPI of In

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