Lacoste v. Systems & Services Technologies, Inc.

MAXWELL, J.,

for the Court:

¶ 1. This is an appeal of a replevin — a legal action to gain possession of personal property wrongfully held by another. “Although replevin was recognized in early common law, its use has been controlled and regulated by statute for several hundred years.”1 Mississippi’s replevin statute gives would-be possessors two procedural options — (1) request that the court issue a writ to seize the property from the defendant or (2) ask the court to summon the defendant for a hearing to determine who has the right to possess the property. Because, under the first option, the…