Section 42-8-13 – [Officer damnified; suit on bond.]
Any officer damnified by the execution of a writ of replevin may maintain an action therefor on the bond by him taken. History: C.L. 1897, § 2685 (241), added by Laws 1907, ch. 107, § 1 (241); Code 1915, § 4352; C.S. 1929, § 105-1713; 1941 Comp., § 25-1514; 1953 Comp., § 22-17-14. ANNOTATIONS Bracketed […]
Section 42-8-14 – [Defendant may sue on bond in name of officer.]
The defendant may, for any violation of the bond, bring an action thereon in the name of the officer for his use. History: C.L. 1897, § 2685 (242), added by Laws 1907, ch. 107, § 1 (242); Code 1915, § 4353; C.S. 1929, § 105-1714; 1941 Comp., § 25-1515; 1953 Comp., § 22-17-15. ANNOTATIONS Bracketed […]
Section 42-8-15 – [Liability of sheriff for failure to take sufficient bond from plaintiff.]
The sheriff for failing to take bond, or for taking insufficient bond from the plaintiff, shall be responsible on his official bond for all damages sustained thereby, recoverable by action in the name of the party injured. History: C.L. 1897, § 2685 (243), added by Laws 1907, ch. 107, § 1 (243); Code 1915, § […]
Section 42-8-16 – Form of affidavit.
Affidavits for writs of replevin shall be in substantially the following form: “STATE OF NEW MEXICO COUNTY OF ____________________________ (Name), Plaintiff ) ) v. ) CIVIL DOCKET NO. ________ (Name), Defendant ) ) AFFIDAVIT IN REPLEVIN I, (plaintiff or attorney), being duly sworn, state that (plaintiff) is lawfully entitled to the possession of (property); that […]
Section 42-8-7 – [Procedure for waiver of affidavit and bond; election to take value of property or its return.]
That if in any suit for replevin of property the plaintiff shall allege in his complaint a demand upon the defendant for the return of the property and a reasonable opportunity to comply therewith, and that he waives seizure and delivery thereof, the affidavit and bond prescribed in Sections 42-8-5 and 42-8-6 NMSA 1978 need […]
Section 42-8-8 – [Requiring additional security.]
Any person plaintiff or defendant in any replevin suits pending in any court in this state, may at any time before judgment, after reasonable notice to the person by whom any bond has been given in any such suit, move the court for additional security on the part of any such principal in such bond, […]
Section 42-8-1 – [Right of action; purpose of remedy.]
Any person having a right to the immediate possession of any goods or chattels, wrongfully taken or wrongfully detained, may bring an action of replevin for the recovery thereof and for damages sustained by reason of the unjust caption or detention thereof. History: C.L. 1897, § 2685 (228), added by Laws 1907, ch. 107, § […]
Section 42-8-2 – [Cross-replevin; property in hands of officer.]
No cross-replevin or replevin for property in the hands of an officer shall be brought, except as herein provided. History: C.L. 1897, § 2685 (229), added by Laws 1907, ch. 107, § 1 (229); Code 1915, § 4341; C.S. 1929, § 105-1702; 1941 Comp., § 25-1502; 1953 Comp., § 22-17-2. ANNOTATIONS Bracketed material. — The […]
Section 42-8-3 – [Replevin against officer; authorization; additional affidavit; third party may intervene and give forthcoming bond.]
Whenever the property, goods or chattels of any person not a party to the record are wrongfully seized by any officer under or by virtue of any writ of execution, mesne or other process from any court, except under a writ of replevin, such person or persons may maintain a suit in replevin for the […]
Section 42-8-4 – [Remedy against corporation same as against individual.]
Suits of replevin may be commenced and carried to a conclusion against any incorporated company in this state in all cases that may be begun and carried against any ordinary defendants. History: C.L. 1897, § 2685 (231), added by Laws 1907, ch. 107, § 1 (231); Code 1915, § 4343; C.S. 1929, § 105-1704; 1941 […]