The defendant in attachment may, as a defense in his answer, traverse the truth of the alleged grounds upon which the attachment was sued out. Upon such defense being filed, the court, in its discretion, upon motion of either or any party, may order a jury to be empaneled to try the issue, or it may submit such issue to the jury empaneled to try the case on its merits. If the jury shall find for the defendant, it shall assess damages against the plaintiff for wrongfully suing out the same.Codes, 1857, ch. 52, art. 14; 1871, § 1459; 1880, § 2429; 1892, § 165; 1906, § 170; Hemingway's 1917, § 162; 1930, § 160; 1942, § 2716.
Mississippi Legal Code