When the defendant shall be notified, by publication as aforesaid, and shall not appear and answer the action, judgment by default may be entered, which may be proceeded on to final judgment as in ordinary actions, but such judgment shall only bind the property attached, and shall be no evidence of indebtedness against the defendant in any subsequent suit.
History: C.L. 1897, § 2685 (197), added by Laws 1907, ch. 107, § 1 (197); Code 1915, § 4312; C.S. 1929, § 105-1615; 1941 Comp., § 22-119; 1953 Comp., § 26-1-19.
ANNOTATIONS
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Where levy made upon defendant’s property under valid writ of attachment, and service made by publication on a nonresident, although the return of the sheriff was not made until after judgment was taken, the court had jurisdiction to render a default judgment and to order sale of perishable property attached and apply the proceeds. Southern Cal. Fruit Exch. v. Stamm, 1898-NMSC-008, 9 N.M. 361, 54 P. 345 (decided under former law).
Law reviews. — For article, “Attachment in New Mexico – Part II,” see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment § 388.