reglab/housing_qa huggingface dataset:
NM Stat § 42-8-8 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|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, 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 (234), added by Laws 1907, ch. 107, § 1 (234); Code 1915, § 4346; C.S. 1929, § 105-1707; 1941 Comp., § 25-1508; 1953 Comp., § 22-17-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The compilers of the 1915 Code deleted the words "attachment or" between the words "any" and "replevin suits." For similar section under attachment from the same act, see 42-9-12 NMSA 1978. Cross references. — For requiring additional security from defendant or return of property, see 42-8-22 NMSA 1978.
NM Stat § 42-8-9 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-9 - Replevin against sheriff.

Whenever any writ of replevin is granted against the sheriff of any county in this state, the judge of the district court shall designate a person to serve process on the defendant. History: C.L. 1897, § 2685 (235), added by Laws 1907, ch. 107, § 1 (235); Code 1915, § 4347; C.S. 1929, § 105-1708; 1941 Comp., § 25-1509; 1953 Comp., § 22-17-9; Laws 1975, ch. 249, § 3.
NM Stat § 42-8-10 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-10 - [Manner of executing writ.]

The writ shall be executed by delivering the goods and chattels in the complaint mentioned, to the plaintiff, and by summoning the defendant to appear on the return day of the writ, to answer the action of the plaintiff. History: C.L. 1897, § 2685 (237), added by Laws 1907, ch. 107, § 1 (237); Code 1915, § 4348; C.S. 1929, § 105-1709; 1941 Comp., § 25-1510; 1953 Comp., § 22-17-10. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For proceedings in conversion when goods not found, see 42-9-14 NMSA 1978. For time for return of writ, see 42-9-16 NMSA 1978. For levy on cattle, see 39-6-1 to 39-6-4 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Replevin §§ 68, 69.
NM Stat § 42-8-12 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-12 - [Property not returned and accepted; collection of value.]

If such property be not returned and accepted within thirty days after the judgment, the sheriff shall collect the assessed value thereof from the plaintiff and his securities as on other executions. History: C.L. 1897, § 2685 (240), added by Laws 1907, ch. 107, § 1 (240); Code 1915, § 4351; C.S. 1929, § 105-1712; 1941 Comp., § 25-1513; 1953 Comp., § 22-17-13. 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. — Tender or delivery by loser in replevin action of property to sheriff or other officer, 57 A.L.R. 808. 77 C.J.S. Replevin § 90 et seq.
NM Stat § 42-8-13 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 42-8-14 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For right to sue in name of real party in interest, see Rule 1-017 A NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — Depreciation of property between the date it was replevied and final judgment as element of recovery on bond, 24 A.L.R. 1189. Damages for detention between judgment against principal and delivery or redelivery of property as covered by replevin bond or redelivery bond in replevin, 90 A.L.R. 972. 77 C.J.S. Replevin § 90 et seq.
NM Stat § 42-8-15 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|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, § 4354; C.S. 1929, § 105-1715; 1941 Comp., § 25-1516; 1953 Comp., § 22-17-16. 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. — 66 Am. Jur. 2d Replevin § 66.
NM Stat § 42-8-16 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|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 the same was wrongfully taken or wrongfully detained by (defendant); that (plaintiff) has reason to believe that (defendant) may conceal, dispose of, or waste the property or the revenues therefrom, or remove the property from the jurisdiction during the pendency of the action; that the right of action originated within one year; and that the following facts, from which it clearly appears that the above allegations are justified, are true:  ||  Sworn _________________________ PLAINTIFF   || Approved:    || _________________________________ DISTRICT COURT JUDGE."    |History: 1953 Comp., § 22-17-17.1, enacted by Laws 1975, ch. 249, § 4. ANNOTATIONSCross references. — For suit on bond, see 46-6-7 NMSA 1978. For replevin bond for trespassing animals in irrigation district, see 77-14-14 NMSA 1978. Affidavit in replevin in substantial compliance with statute is sufficient, and where the form prescribed does not state the value of the property, and the statute does not require the value to be stated, an affidavit is not defective because it fails to set forth the value. Trujillo v. Tucker, 1918-NMSC-044, 24 N.M. 339, 171 P. 788 (decided under former law).
NM Stat § 42-8-17 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-17 - Form of bond.

Replevin bonds shall be in substantially the following form: || "STATE OF NEW MEXICO   || COUNTY OF ____________________________    || (Name), Plaintiff    ) )    || v.    )    CIVIL DOCKET NO. ________   ||  (Name), Defendant    ) )    || REPLEVIN BOND   |We bind ourselves, our heirs, executors and administrators to the state of New Mexico in the sum of $ ______ on condition that the plaintiff will diligently prosecute this action to final judgment without delay, will return all property and pay to the defendant all money found due to him in this action, including all damages, and will keep harmless the officer executing the writ of replevin, upon completion of which this obligation is void. ||  ________________________________ PLAINTIFF (Principal)   ||  ________________________________ SURETY   ||  ________________________________ SURETY   ||  || Approved: ____________________, 19___    || _________________________________ DISTRICT COURT JUDGE."    |History: 1953 Comp., § 22-17-17.2, enacted by Laws 1975, ch. 249, § 5.
NM Stat § 42-8-18 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-18 - Approval of bond; issuance of writ.

The judge of the district court shall, upon the filing of the affidavit and bond in conformity with Sections 42-8-5 and 42-8-6 NMSA 1978, the bond to have sufficient surety approved by the judge, issue the writs of replevin applied for by the complainant directed to the sheriff of the county and commanding him to replevy the property described in the affidavit of the complainant. History: C.L. 1897, § 2685 (246), added by Laws 1907, ch. 107, § 1 (246); Code 1915, § 4356; C.S. 1929, § 105-1717; 1941 Comp., § 25-1518; 1953 Comp., § 22-17-18; Laws 1965, ch. 268, § 2; 1975, ch. 249, § 6. ANNOTATIONSCross references. — For alias and pluries writs, see 42-9-14 NMSA 1978. For amendment of writ, see 42-9-14 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Replevin § 67.
NM Stat § 42-8-19 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-19 - Motion to dissolve; damages.

A. Upon the defendant's motion before trial, the district court shall determine the truth of the facts stated in the plaintiff's affidavit at a hearing, to be held without delay. If the plaintiff fails to prove the truth of the facts stated, the writ shall be dissolved, the plaintiff shall be ordered to return the property to the defendant and an order shall be entered for the defendant against the plaintiff and his sureties for the attorney's fees incurred in the dissolution of the writ and for double damages for the use of the property from the time of its delivery to the plaintiff. B. If the writ of replevin is dissolved, the action shall then proceed as if no writ had been issued. History: 1953 Comp., § 22-17-18.1, enacted by Laws 1975, ch. 249, § 7. ANNOTATIONSPurpose of section. — The legislature, in enacting this section, intended to compensate a defendant in replevin for defending an action that is groundless, whether or not the defendant's property has actually been seized by the sheriff. Green Tree Acceptance, Inc. v. Layton, 1989-NMSC-006, 108 N.M. 171, 769 P.2d 84. Measure of damages recoverable by debtor for creditor's wrongful replevin is double damages for the use (or reasonable rental value) of property wrongfully replevied, for period of time from its wrongful taking to its tendered return. First Nat'l Bank v. Southwest Yacht & Marine Supply Corp., 1984-NMSC-075, 101 N.M. 431, 684 P.2d 517. Effect of failure to accept return of property. — By failing to accept plaintiff's tender to return the property, defendant limits the damages recoverable to those suffered during the period from the wrongful taking to the date of the tender. First Nat'l Bank v. Southwest Yacht & Marine Supply Corp., 1984-NMSC-075, 101 N.M. 431, 684 P.2d 517. Extent of recovery of attorney fees. — Defendant may only recover reasonable attorney fees which it may have incurred in the dissolution of the wrongfully issued writ of replevin; no attorney fees are recoverable for otherwise defending the replevin action. First Nat'l Bank v. Southwest Yacht & Marine Supply Corp., 1984-NMSC-075, 101 N.M. 431, 684 P.2d 517. This section and Section 42-8-11 NMSA 1978 not mutually exclusive. — This section and Section 42-8-11 NMSA 1978, providing for a return of property and the payment of damages upon failure of plaintiff to prosecute his case, are not mutually exclusive. First Nat'l Bank v. Southwest Yacht & Marine Supply Corp., 1984-NMSC-075, 101 N.M. 431, 684 P.2d 517.
NM Stat § 42-8-20 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-20 - Docketing; proceedings in district court.

The district court clerk shall docket the action in replevin and the cause shall then proceed as in other civil actions. History: 1953 Comp., § 22-17-19, enacted by Laws 1965, ch. 268, § 3.
NM Stat § 42-8-21 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-21 - [Defendant may keep property on giving forthcoming bond; time; parties; condition.]

The defendant, either in person or by his agent or attorney, at any time within five days after the service of a writ of replevin on him, and the replevin of the property thereunder, may require the return of the property replevied upon giving to the sheriff a bond with two or more sufficient sureties in double the value of the property as sworn to in the affidavit of replevin, conditioned for the delivery of the property to the plaintiff, if such delivery be adjudged, and for payment to him of such sum as may for any cause be recovered against the defendant in the suit. History: C.L. 1897, § 2685 (248), added by Laws 1907, ch. 107, § 1 (248); Code 1915, § 4358; C.S. 1929, § 105-1719; 1941 Comp., § 25-1520; 1953 Comp., § 22-17-20. 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. — 66 Am. Jur. 2d Replevin §§ 72, 73.
NM Stat § 42-8-22 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 8 - Replevin|Section 42-8-22 - [Forthcoming bond; approval; return with writ to district court; additional security; sheriff's liability.]

The sheriff shall judge of the sufficiency of the sureties on the bond of the defendant, and shall return the same with the writ of replevin into the district court; and shall be responsible on his official bond on returning any property replevied; but any party interested in the result of any such cause may move the court on cause shown to require the defendant in such cases to give additional security, when that taken by the sheriff shall be deemed insufficient, or to return the property to the sheriff to be delivered over to the plaintiff, if the plaintiff has given a good and sufficient replevin bond, as required by law. History: C.L. 1897, § 2685 (249), added by Laws 1907, ch. 107, § 1 (249); Code 1915, § 4359; C.S. 1929, § 105-1720; 1941 Comp., § 25-1521; 1953 Comp., § 22-17-21. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For requiring additional security, see 42-8-8 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of offer or tender to satisfy requirement of judgment or condition of bond in replevin, 57 A.L.R. 806. 77 C.J.S. Replevin § 90 et seq.
NM Stat § 42-9-2 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-2 - [Attachment authorized in actions ex delicto.]

Wherever an attachment may issue against the property of any person upon any debt or other action founded upon contract, attachment may also issue upon any action founded upon a tort or other action ex delictu [ex delicto]; this law shall apply to actions which have heretofore or may hereafter accrue. History: C.L. 1897, § 2685 (183), added by Laws 1907, ch. 107, § 1 (183); Code 1915, § 4300; C.S. 1929, § 105-1602; 1941 Comp., § 22-102; 1953 Comp., § 26-1-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For exemption of workmen's compensation claims, see 52-1-52 NMSA 1978. Section will not support an action in garnishment wherein plaintiff seeks to garnish money owing to defendant whom he is suing in tort. Sullivan v. Michelli, 1930-NMSC-063, 35 N.M. 59, 289 P. 803. Magistrate or district court proper tribunal. — Under existing legislation, attachment in tort actions may be had in both district and justice (now magistrate) courts. Butler Paper Co. v. Sydney, 1943-NMSC-047, 47 N.M. 463, 144 P.2d 170. Tract, improved with community funds, subject to sale under attachment. U.S. Fid. & Guar. Co. v. Chavez, 126 F. Supp. 227 (D.N.M. 1954). 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. — Jurisdiction on constructive service divorce or alimony suit to reach property within state as affected by attachment, 10 A.L.R.3d 212. 7 C.J.S. Attachment §§ 7, 17.
NM Stat § 42-9-3 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-3 - [Situs of debts and intangible interest in property.]

The situs of debts and obligations for the purpose of attachment shall be the domicile of the debtor or obliger [obligor] and the situs of intangible interests in property, real or personal, legal or equitable, shall be the place where such property is located. History: Laws 1939, ch. 159, § 5; 1941 Comp., § 22-103; 1953 Comp., § 26-1-3. 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 §§ 25 to 29, 32, 46. 7 C.J.S. Attachment § 54.
NM Stat § 42-9-5 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|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 to believe, and does believe, the existence of one or more of the causes which, according to the provision of Section 42-9-1 NMSA 1978, will entitle the plaintiff to sue by attachment. History: C.L. 1897, § 2685 (185), added by Laws 1907, ch. 107, § 1 (185); Code 1915, § 4302; C.S. 1929, § 105-1604; 1941 Comp., § 22-105; 1953 Comp., § 26-1-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Affidavit insufficient as complaint. — Affidavit for attachment was not sufficient as a declaration (now complaint). Staab v. Hersch, 1884-NMSC-018, 3 N.M. (Gild.) 209, 3 P. 248 (decided under former law). Affidavit may be verified before notary public. Robinson v. Hesser, 1887-NMSC-023, 4 N.M. (Gild.) 282, 13 P. 204 (decided under former law). Special denial method of raising issue at common law. — Common-law declaration in attachment proceedings should be responded to by common-law plea in order to raise an issue, and if defendant desires to raise an issue on the affidavit for attachment, he should do so by special denial of some material facts contained in the affidavit. Staab v. Hersch, 1884-NMSC-018, 3 N.M. (Gild.) 209, 3 P. 248 (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 §§ 254 to 275, 328, 332 to 334, 378. 7 C.J.S. Attachment §§ 72 to 113, 359.
NM Stat § 42-9-6 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|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. F. is justly indebted to the said A. B. in the sum of _____ dollars, after allowing all just offsets, and that the said E. F. is (setting forth one of the causes of attachment). |  A. B. or C. D., Agent for A. B.   Subscribed and sworn to before me this _____ day of _____, A. D. [20]_____. |  __________________________ County Clerk.   History: C.L. 1897, § 2685 (207), added by Laws 1907, ch. 107, § 1 (207); Code 1915, § 4317; C.S. 1929, § 105-1620; 1941 Comp., § 22-106; 1953 Comp., § 26-1-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The codifiers of the 1915 Code substituted, in the body of the affidavit, the words "clerk of the district court" for the words "clerk of the (district court, or probate court, as the case may be)." They also substituted, just below the line for the clerk's signature, the words "County Clerk" for the word "Clerk." Affidavit, writ, complaint must describe plaintiff in same way. — Plaintiffs must be described in substantially the same way in the affidavit, writ, and declaration (now complaint) in attachment. If different descriptions are given in the affidavit and in the writ, it will not be presumed that the plaintiffs named in each are the same. Bennett v. Zabriski, 1880-NMSC-003, 2 N.M. 7 (decided under former law). Affidavit for attachment may be verified before notary public. Robinson v. Hesser, 1887-NMSC-023, 4 N.M. (Gild.) 282, 13 P. 204 (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. — Surety on bond given to prevent, or secure release of attachment, right to attack attachment after recovery of judgment by plaintiff, on ground of defects in, or falsity of, affidavit, 89 A.L.R. 269. Swearing to affidavit in attachment before unauthorized person as a defect curable by amendment, 91 A.L.R. 917. 7 C.J.S. Attachment §§ 75, 76, 106 to 113.