Section 38-3-11 – Costs paid by county of origin.
Whenever a change of venue is granted, all costs in civil and criminal cases shall be paid from the court fund of the county in which the case originated. History: 1953 Comp., § 21-5-10, enacted by Laws 1965, ch. 187, § 3.
Section 38-4-1 – Repealed.
ANNOTATIONS Repeals. — Laws 1981, ch. 115, § 1, repealed 38-4-1 NMSA 1978, as enacted by Laws 1907, ch. 76, § 1, relating to representation of numerous parties with a common or general interest by one or more of such parties, effective March 21, 1981.
Section 38-4-2 – [Several persons liable on contract, judgment or statute; parties defendant.]
Where two or more persons are bound by contract or by judgment, decree or statute, whether jointly only, or jointly or severally, or severally only, and including the parties to negotiable paper, common orders and checks, and sureties on the same, or separate instruments, or by any liability growing out of the same, the action […]
Section 38-4-3 – [Joint contracts create joint and several liability; assumption of debt; partners; parties defendant.]
All contracts, which by the common law are joint only, shall be held and construed to be joint and several; and in all cases of joint obligations or assumptions by partners and others, suit may be brought and prosecuted against any one or more of the parties liable thereon, and when more than one person […]
Section 38-4-4 – Repealed.
ANNOTATIONS Repeals. — Laws 1981, ch. 115, § 1, repealed 38-4-4 NMSA 1978, as enacted by Laws 1897, ch. 73, § 105, relating to actions against two or more defendants jointly or severally liable on a contract, effective March 21, 1981.
Section 38-4-5 – [Suits against partners; joinder; enforcement of judgment; service of process.]
Suits may be brought by or against a partnership as such, or against all or either of the individual members thereof; and a judgment against the firm as such may be enforced against the partnership’s property, or that of such members as have appeared or been served with summons; but a new action may be […]
Section 38-4-6 – [Married woman.]
A married woman shall sue and be sued as if she were unmarried. History: Laws 1897, ch. 73, § 8; C.L. 1897, § 2685 (8); Code 1915, § 4075; C.S. 1929, § 105-109; 1941 Comp., § 19-606; 1953 Comp., § 21-6-6. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is […]
Section 38-4-7 – Infant; suits between spouses.
An infant who has been lawfully married, may institute, prosecute to judgment or defend any action against his spouse in his own name without a guardian or next friend. History: Laws 1897, ch. 73, § 9; C.L. 1897, § 2685 (9); Code 1915, § 4080; Laws 1921, ch. 34, § 1; C.S. 1929, § 105-201; […]
Section 38-3-3 – Change of venue in civil and criminal cases.
The venue in all civil and criminal cases shall be changed, upon motion, to another county free from exception: A. whenever the judge is interested in the result of the case or is related to or has been counsel for any of the parties; or B. when the party moving for a change files in […]
Section 38-3-4 – Change of venue by stipulation of parties.
In addition to the provisions for change of venue in Section 38-3-3 NMSA 1978, a change of venue from one county to another within the same judicial district may be ordered by a district judge in any civil or criminal proceeding in a district court if both parties stipulate in writing to that change. History: […]