reglab/housing_qa huggingface dataset:
NM Stat § 42-9-7 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|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 at least double the amount sworn to in the affidavit, or in such lesser amount as the district court in its discretion shall by order direct, payable to the defendant and conditioned that the plaintiff will prosecute his action without delay, and with effect, and will refund all sums of money that may be adjudged to be refunded to the defendant and pay all damages that may accrue to any defendant or garnishee by reason of such attachment or any process or judgment thereon. History: C.L. 1897, § 2685 (186), added by Laws 1907, ch. 107, § 1 (186); Laws 1913, ch. 56, § 1; Code 1915, § 4303; C.S. 1929, § 105-1605; Laws 1939, ch. 159, § 2; 1941 Comp., § 22-107; 1953 Comp., § 26-1-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For no bond requirement attachment proceedings brought by New Mexico livestock board, see 77-8-17 NMSA 1978. Bond requirement not waived because of wage claim action. — Sections 50-4-11 and 50-4-12 NMSA 1978 relating to wage claim actions by the labor commissioner (now secretary of workforce solutions department) do not waive the requirement for the furnishing of a bond in an attachment proceeding under Section 42-9-4 NMSA 1978 and this section. Cal-M, Inc. v. McManus, 1963-NMSC-184, 73 N.M. 91, 385 P.2d 954. Reasonable attorney's fees recoverable in suit on bond. — In suit on the bond, reasonable attorney's fees, paid in defending the attachment suit, are recoverable as a part of the damages. Territory ex rel. Leyser v. Rindskopf Bros. & Co., 1889-NMSC-002, 5 N.M. 93, 20 P. 180 (decided under former law). Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961). 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 §§ 252, 264, 333, 334, 518 to 523. Duress, recovery upon ground of duress of money paid upon excessive or unfounded claim to avoid attachment, 18 A.L.R. 1233. Assignment of judgment as carrying collateral rights of assignor as to attachment bond, 63 A.L.R. 291. Attachment as affected by excessive claim, 68 A.L.R. 853. Process in action on note or bond, not resulting in sale of mortgaged property, as precluding foreclosure of real-estate mortgage, 37 A.L.R.2d 959. 7 C.J.S. Attachment §§ 116 to 155, 412.
NM Stat § 42-9-8 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|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 ...... dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, firmly by these presents, sealed with our seals and dated this ...... day of ......, A. D. ...... The condition of the above obligation is such that, whereas the above named A. B. has this day sued out an attachment before J. J., clerk of the district court, against E. F. for the sum of ...... dollars, in the district court for the county of ....... Now, if the said A. B. shall prosecute his said action without delay, and with effect, and refund all sums of money that may be adjudged to be refunded to the defendant, and pay all damages that may accrue, to any defendant or garnishee by reason of said attachment, or any process of judgment thereon, then this obligation to be null and void, otherwise to remain in full force and effect. |   A. B. N. N. M. M.    (L. S.) (L. S.) (L. S.)    History: C.L. 1897, § 2685 (208), added by Laws 1907, ch. 107, § 1 (208); Code 1915, § 4318; C.S. 1929, § 105-1621; 1941 Comp., § 22-108; 1953 Comp., § 26-1-8. ANNOTATIONSBracketed 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 I," see 1 Nat. Resources J. 303 (1961). 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 §§ 258 to 269, 333, 334. 7 C.J.S. Attachment §§ 118, 126, 252, 317.
NM Stat § 42-9-9 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|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. 1897, § 2685 (187), added by Laws 1907, ch. 107, § 1 (187); Code 1915, § 4304; C.S. 1929, § 105-1606; 1941 Comp., § 22-109; 1953 Comp., § 26-1-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For release of surety on bond, see 46-6-6 NMSA 1978. No right of action upon indemnifying bond by defendant. — This section does not confer upon the defendant in an attachment suit the right of action upon an indemnifying bond given the sheriff, such bond not arising by virtue of the attachment laws. De Witt v. United States Fid. & Guar. Co., 1915-NMSC-020, 20 N.M. 163, 148 P. 489. Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961). Am. Jur. 2d, A.L.R. and C.J.S. references. — Bankruptcy of debtor within four months after attachment or execution as discharging surety on bond to release property, 36 A.L.R. 449, 107 A.L.R. 1138. Obligation of surety on attachment bond as affected by attachment, defendant's adjudication in bankruptcy, 68 A.L.R. 1331. 7 C.J.S. Attachment §§ 121, 122, 124, 131.
NM Stat § 42-9-10 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|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. 1897, § 2685 (188), added by Laws 1907, ch. 107, § 1 (188); Code 1915, § 4305; C.S. 1929, § 105-1607; 1941 Comp., § 22-110; 1953 Comp., § 26-1-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Filing bond and issuing writ prima facie proof of approval. — The facts that the clerk filed an attachment bond and issued the writ are prima facie proof that he approved the bond, although he failed to endorse his approval upon it. Baca v. Coury, 1922-NMSC-003, 27 N.M. 611, 204 P. 57. Affidavit and approved bond must be filed before attachment issues, or the writ will be void. Waldo v. Beckwith, 1854-NMSC-002, 1 N.M. 97 (decided under former law). Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
NM Stat § 42-9-11 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-11 - [Suit on bond.]

The bond given by the plaintiff or other person in a suit by attachment may be sued on by any party injured in the name of the state, and [he] shall proceed as in ordinary suits, and shall recover such damages as he may sustain. History: C.L. 1897, § 2685 (189), added by Laws 1907, ch. 107, § 1 (189); Code 1915, § 4306; C.S. 1929, § 105-1608; 1941 Comp., § 22-111; 1953 Comp., § 26-1-11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For person interested suing on bond, see 46-6-7 NMSA 1978. Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961). For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
NM Stat § 42-9-12 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-12 - [Requiring additional security.]

Any person, plaintiff or defendant, in any attachment 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, and if, on such motion, the court is satisfied that any surety on such bond has removed from the state, or that for any other reason such bond is not sufficient security for the amount thereof, it may direct a new and sufficient bond to be given within a reasonable time, to be fixed by the court, and in default thereof, may make such order disposing of the property, the possession of which is held by virtue of such bond as the failure to give such additional security may require, and such orders may be made in vacation, as well as in term time. History: C.L. 1897, § 2685 (221), added by Laws 1907, ch. 107, § 1 (221); Code 1915, § 4333; C.S. 1929, § 105-1636; 1941 Comp., § 22-112; 1953 Comp., § 26-1-12. ANNOTATIONSBracketed 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 I," see 1 Nat. Resources J. 303 (1961). Am. Jur. 2d, A.L.R. and C.J.S. references. — De minimis non curat lex as applied to deficiency in attachment bond, 44 A.L.R. 184. 7 C.J.S. Attachment §§ 128, 248, 259.
NM Stat § 42-9-13 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-13 - [Contents of writ.]

Original writs of attachment shall be directed to the sheriff of the proper county, commanding him to attach the defendant, by all and singular, his lands and tenements, goods, moneys, effects, credits and all other property and interests in property of whatsoever nature and kind, in whosesoever hands the same may be found, with a clause of the nature and to the effect of an ordinary citation to answer the action of the plaintiff. History: C.L. 1897, § 2685 (191), added by Laws 1907, ch. 107, § 1 (191); Code 1915, § 4308; C.S. 1929, § 105-1610; Laws 1939, ch. 159, § 3; 1941 Comp., § 22-113; 1953 Comp., § 26-1-13. ANNOTATIONSBracketed 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 I," see 1 Nat. Resources J. 303 (1961). 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 §§ 283 to 287, 337. 7 C.J.S. Attachment § 161.
NM Stat § 42-9-15 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-15 - [Issuance and return of writ; proceedings; judgment.]

Original writs of attachment shall be issued and returned in like manner as ordinary writs of summons; and when the defendant is cited to answer the action, like proceedings shall be had between him and the plaintiff as in ordinary actions on contracts, and a general judgment may be rendered for or against the defendant. History: C.L. 1897, § 2685 (192), added by Laws 1907, ch. 107, § 1 (192); Code 1915, § 4309; C.S. 1929, § 105-1611; 1941 Comp., § 22-115; 1953 Comp., § 26-1-15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Default judgment proper where defendant fails to plead to complaint. — In original action in attachment where the defendant traversed the affidavit for attachment, but failed to plead to the declaration, (now complaint), judgment by default was properly entered against him. First Nat'l Bank v. George, 1920-NMSC-025, 26 N.M. 46, 189 P. 240; see also Ripley v. Astec Mining Co., 1892-NMSC-009, 6 N.M. 415, 28 P. 773. Judgment rendered during vacation void. — In action of assumpsit by attachment (now ordinary action on contract), where garnishment process was served on the defendant company, judgment rendered during vacation was void. Staab v. Atlantic & Pac. R.R., 1886-NMSC-015, 3 N.M. (Gild.) 606, 9 P. 381 (decided under former law). Order rendered during vacation void. — In an action of assumpsit by attachment (now ordinary action on contract), an order made during vacation, on a motion to quash the attachment proceeding argued and submitted during term, was void for being so made during vacation, and left the motion still pending and undetermined in the court below, and, on appeal from the order, the cause was stricken from the docket. Colter v. Marriage, 1886-NMSC-014, 3 N.M. (Gild.) 604, 9 P. 383 (decided under former law). Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961). 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 §§ 277, 280 to 282, 336.
NM Stat § 42-9-16 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-16 - [Time for return of writs of execution, attachment and replevin.]

All executions, writs of attachment and writs of replevin shall be returned within sixty days from the date of the delivery thereof to the sheriff or other officer or person whose duty it is, or who may be designated to serve the same. History: Laws 1897, ch. 73, § 176; C.L. 1897, § 2685 (176); Code 1915, § 4257; C.S. 1929, § 105-1004; 1941 Comp., § 22-116; 1953 Comp., § 26-1-16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — An almost identical provision relating to executions will be found in 39-4-9 NMSA 1978. Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961). 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. — Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331. 7 C.J.S. Attachment §§ 84, 102 to 105.
NM Stat § 42-9-19 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-19 - [Default after service by publication; judgment; effect.]

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. ANNOTATIONSBracketed 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.
NM Stat § 42-9-20 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-20 - [Forthcoming bond.]

When property of the defendant found in his possession, or in the hands of any other person, shall be attached, the defendant or such other person may retain possession thereof by giving bond and security to the satisfaction of the officer executing the writ, to the officer or his successor in double the value of the property attached conditioned that the same shall be forthcoming when and where the court shall direct, and shall abide the judgment of the court. History: C.L. 1897, § 2685 (198), added by Laws 1907, ch. 107, § 1 (198); Code 1915, § 4313; C.S. 1929, § 105-1616; 1941 Comp., § 22-120; 1953 Comp., § 26-1-20. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Giving bond not release property from lien. — Under Kearny Code, Attachments, § 13; Comp. Laws 1865, ch. 31, § 12; Comp. Laws 1897, § 2704, repealed by Laws 1907, ch. 107, § 1 (300), which was identical with the present section, the giving of a forthcoming bond in attachment did not release the property from the attachment lien. It simply constituted the defendant the bailee of the sheriff for the safe-keeping of the property, and for its return to the sheriff in case the plaintiff should recover, and in default of which the liability of the bond attaches to the defendant and his sureties. It did not constitute a general appearance. Holzman v. Martinez, 1882-NMSC-011, 2 N.M. 271 (decided under former law). Action by sheriff for breach. — An action may be brought for breach of a forthcoming bond by the sheriff for the use and benefit of the real parties in interest. Wagner v. Romero, 1884-NMSC-013, 3 N.M. (Gild.) 167, 3 P. 50 (decided under former law). Action without joinder of principal. — Action was maintainable on forthcoming bond in attachment without joining principal or without showing judgment against principal and exhaustion of remedies against the principal. Wagner v. Romero, 1884-NMSC-013, 3 N.M. (Gild.) 167, 3 P. 50 (decided under former law). Principals and sureties jointly and severally liable. — Principals and sureties on forthcoming bond in attachment were jointly and severally liable. Wagner v. Romero, 1884-NMSC-013, 3 N.M. (Gild.) 167, 3 P. 50 (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 §§ 523, 529, 531, 541, 542, 544, 547, 616. Bankruptcy of debtor within four months after attachment or execution as discharging surety on bond given to release property seized thereunder, 36 A.L.R. 449, 107 A.L.R. 1138. Right of obligor in action on forthcoming bond or receipt for return of property seized under process to set up title in himself, 37 A.L.R. 1402. 7 C.J.S. Attachment §§ 248, 249, 258, 259, 268 to 274, 290, 316, 367.
NM Stat § 42-9-21 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|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. 107, § 1 (199); Code 1915, § 4314; C.S. 1929, § 105-1617; 1941 Comp., § 22-121; 1953 Comp., § 26-1-21. ANNOTATIONSBracketed 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).
NM Stat § 42-9-22 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|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. History: C.L. 1897, § 2685 (200), added by Laws 1907, ch. 107, § 1 (200); Code 1915, § 4315; C.S. 1929, § 105-1618; 1941 Comp., § 22-122; 1953 Comp., § 26-1-22. ANNOTATIONSBracketed 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).
NM Stat § 42-9-23 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|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 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. ANNOTATIONSBracketed 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.
NM Stat § 42-9-25 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-25 - [Designating person to make sale; requiring bond.]

In such case the judge may appoint someone to make such sale, and require such bond and security to be given for the faithful performance of the same and the accounting for the proceeds and paying the same over, as the nature of the case may demand. History: C.L. 1897, § 2685 (210), added by Laws 1907, ch. 107, § 1 (210); Code 1915, § 4320; C.S. 1929, § 105-1623; 1941 Comp., § 22-125; 1953 Comp., § 26-1-25. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — Injunction against waste to protect attachment lien, 103 A.L.R. 387. 7 C.J.S. Attachment §§ 277, 278, 281.