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 limitation, forfeiture or otherwise, the proceedings, shall be carried on, but in all such cases other than where the defendant was a foreign corporation, his legal representatives shall be made parties to the action.
History: C.L. 1897, § 2685 (220), added by Laws 1907, ch. 107, § 1 (220); Code 1915, § 4332; C.S. 1929, § 105-1635; 1941 Comp., § 22-123; 1953 Comp., § 26-1-23.
ANNOTATIONS
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the 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 §§ 13 to 39; 20 Am. Jur. 2d Courts § 112.
Retaining indebtedness of heir, legatee or distributee as against attaching creditor, 1 A.L.R. 1034, 30 A.L.R. 775, 75 A.L.R. 878, 110 A.L.R. 1384, 164 A.L.R. 717.
Receiver, effect of appointment of, for corporation, upon enforcement of attachment lien, 8 A.L.R. 459.
Death of principal defendant as abating or dissolving attachment, 21 A.L.R. 272, 131 A.L.R. 1146.
1 C.J.S. Abatement and Revival § 152; 7 C.J.S. Attachment §§ 214, 343.