Section 42-9-21 – [Officer’s return.]
The officer executing the writ of attachment shall return, with the writ, all bonds taken by him in virtue thereof, a schedule of all property and effects attached, and the names of all the garnishees, the times and places when and where respectively summoned. History: C.L. 1897, § 2685 (199), added by Laws 1907, ch. […]
Section 42-9-22 – [Officer’s liability on failure to return bond.]
If the officer wilfully [willfully] fail to return a good and sufficient bond in any case where bond is required by law, he shall be held and considered as security for the performance of all acts and the payment of all money to secure the performance of which such bond ought to have been taken. […]
Section 42-9-23 – [When court acquires jurisdiction; survival of action.]
From the time of the issuing of the order of attachment, the court shall be deemed to have acquired jurisdiction, and to have control of all subsequent proceedings in relation thereto; and if after the issuing of the order, the defendant being a person, should die, or a corporation, and its charter should expire by […]
Section 42-9-24 – [Perishable property; petition for sale; hearing; order.]
In all suits in the district courts by attachments, when the property attached shall be of a perishable nature and liable to be lost or diminished in value before the final adjudication of the case, and the defendant shall not give bond to retain the possession of the same, the plaintiff or defendant may make […]
Section 42-9-5 – [Affidavit; by whom made; contents.]
The affidavit shall be made by the plaintiff, or some person for him, and shall state that the defendant is justly indebted to the plaintiff, after allowing all just credits and offsets, in a sum (to be specified in the affidavit), and on what account, and shall also state that the affiant has good reason […]
Section 42-9-6 – [Form of affidavit.]
The form of the affidavit of attachment shall be as follows, to wit: STATE OF NEW MEXICO) County of _______________) ss. This day personally appeared before me, the undersigned clerk of the district court, A. B. (or C. D., agent for A. B., as the case may be), and being duly sworn, says that E. […]
Section 42-9-7 – [Bond; parties; amount; condition.]
The bond shall be executed by the plaintiff or some responsible person as principal, and two or more sureties, residents of the state, each of which sureties shall be worth the penalty of the bond over and above all debts, or by some bond company authorized to do business in this state, in a sum […]
Section 42-9-8 – [Form of bond.]
The form of said bond shall be as follows, to wit: Know all men by these presents, that we (A. B., principal, or C. D., agent for A. B., principal, as the case may be) and N. N. and M. M., his securities, are held and firmly bound unto …… (defendant), in the sum of […]
Section 42-9-9 – [Sureties on bonds; qualifications; acknowledgments.]
The securities on attachment bonds shall be residents of this state, or a bond company authorized to do business in this state, and shall acknowledge the execution of such bond by them in the manner and before such officer as may be prescribed by law for the acknowledgment of conveyances of real estate. History: C.L. […]
Section 42-9-10 – [Approval of bond; papers filed before issuance of writ.]
The clerk shall judge of the sufficiency of the penalty and the security in the bond; if they be approved, he shall endorse his approval thereon, and the same, together with the affidavits and complaint or other lawful statement of the cause of action, shall be filed before an attachment shall be issued. History: C.L. […]