reglab/housing_qa huggingface dataset:
NM Stat § 42-9-26 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-26 - [Receiver; appointment; bond.]

The judge may, if he shall find the safety of the property or the security of the proceeds shall require it, appoint a special receiver to take possession of the same, after giving such bond and security as the judge shall approve. History: C.L. 1897, § 2685 (211), added by Laws 1907, ch. 107, § 1 (211); Code 1915, § 4321; C.S. 1929, § 105-1624; 1941 Comp., § 22-126; 1953 Comp., § 26-1-26. 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. — 6 Am. Jur. 2d Attachment and Garnishment §§ 209, 210, 593; 65 Am. Jur. 2d Receivers § 23; 66 Am. Jur. 2d Receivers §§ 260, 261. 7 C.J.S. Attachment §§ 2, 106 to 113, 149 to 155, 254 to 257, 263.
NM Stat § 42-9-27 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-27 - [Disposition of proceeds of sale.]

All such proceeds of sale of property shall be delivered to such person as the judge or court shall determine entitled to the same upon the final disposition of the suit. History: C.L. 1897, § 2685 (212), added by Laws 1907, ch. 107, § 1 (212); Code 1915, § 4322; C.S. 1929, § 105-1625; 1941 Comp., § 22-127; 1953 Comp., § 26-1-27. 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. — 47 Am. Jur. 2d Judicial Sales § 272. 7 C.J.S. Attachment §§ 284, 285.
NM Stat § 42-9-28 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-28 - [Expenses in connection with receivership and sale.]

The judge or court may allow to the receiver or person making said sale a reasonable compensation for his services, and the necessary costs for keeping and preserving the property. History: C.L. 1897, § 2685 (213), added by Laws 1907, ch. 107, § 1 (213); Code 1915, § 4323; C.S. 1929, § 105-1626; 1941 Comp., § 22-128; 1953 Comp., § 26-1-28. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 42-9-29 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-29 - [Intervention in attachment proceedings.]

Any person owning or claiming any property, or a lien thereon, which has been attached in any proceeding to which he is not a party may intervene therein at any time before the trial thereof begins, by filing a petition, under oath, setting up his right, and thereafter said cause shall proceed as in other cases of intervention. History: Laws 1917, ch. 75, § 1; C.S. 1929, § 105-1613; 1941 Comp., § 22-129; 1953 Comp., § 26-1-29. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For intervention, see Rule 1-024 NMRA. 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 §§ 577 to 586. Attorney's fees for wrongful attachment, right of successful intervenor or claimant of property to, 25 A.L.R. 604, 65 A.L.R.2d 1426. Right of attaching creditor to intervene in suit of prior attachment creditor, 39 A.L.R. 1505. Reformation of deed or mortgage as against intervening rights of attaching judgment creditor, 44 A.L.R. 109, 79 A.L.R.2d 1180. Surety of building contractor who completes contract as entitled to moneys earned by contractor but unpaid before default, as against attaching creditors of contractor, 45 A.L.R. 388, 134 A.L.R. 738, 164 A.L.R. 613. Relief to successful intervenor or interpleader in attachment, nature and extent of, 66 A.L.R. 908. 7 C.J.S. Attachment §§ 298 to 315.
NM Stat § 42-9-30 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-30 - [Bond discharging attachment and garnishment; restitution of property.]

If the defendant or other person on his behalf at any time before judgment cause a bond to be executed to the plaintiff, by one or more sureties, possessing the same qualifications required of sureties on bonds for the issuance of attachment, to the effect that the defendant shall perform the judgment of the court, the attachment in such action shall be discharged and restitution made of any property taken under it or the proceeds thereof. Such bond shall also discharge any garnishee from liability in said cause. History: C.L. 1897, § 2685 (225), added by Laws 1907, ch. 107, § 1 (225); Code 1915, § 4337; C.S. 1929, § 105-1640; 1941 Comp., § 22-130; 1953 Comp., § 26-1-30. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Motion to dissolve attachment does not lie after bond given. Leusch v. Nickel, 1911-NMSC-005, 16 N.M. 28, 113 P. 595. 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. — Answering to merits or giving bond for release of attachment as waiver of objections to attachment, 72 A.L.R. 120. 7 C.J.S. Attachment § 316.
NM Stat § 42-9-31 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-31 - [Answer denying truth of fact stated in attachment affidavit; trial of issue; decision.]

In all cases when properties or effects shall be attached, defendant may within the time limited in the writ of attachment, put in his answer, without oath, denying the truth of any material fact contained in the affidavit, to which the plaintiff may reply; and trial of the truth of the affidavit shall be had and on such trial the plaintiff shall be held to prove the existence of the facts denied, as set forth in the affidavit as the ground of attachment, and if the issue shall be found for plaintiff, the cause shall proceed, but if it be found for the defendant, the attachment shall be dismissed at the costs of plaintiff. History: C.L. 1897, § 2685 (201), added by Laws 1907, ch. 107, § 1 (201); Code 1915, § 4316; C.S. 1929, § 105-1619; 1941 Comp., § 22-131; 1953 Comp., § 26-1-31. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Denial of affidavit's allegation puts case at issue. — In proceeding under the territorial statute to test the truth of the allegations of an affidavit for attachment, the affidavit is the complaint in the case, and a simple denial of its truth puts the case at issue, and the trial proceeds before the court and jury as in other cases of law. Talbott v. Randall, 1885-NMSC-015, 3 N.M. (Gild.) 364, 5 P. 537; Staab v. Hersch, 1884-NMSC-018, 3 N.M. (Gild.) 209, 3 P. 248 (decided under former law). Issue upon traverse of affidavit in attachment is the existence of the stated ground for attachment, not affiant's belief of its existence, or good reason to so believe. Mundil v. Hutson, 1928-NMSC-034, 33 N.M. 388, 268 P. 566. 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 § 42-9-32 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-32 - [Issues found for defendant; attachment dismissed; properties released; suit unabated.]

In all cases commenced by attachment, in which the truth of the affidavit for attachment, or of any material allegation therein contained shall be denied, and the issue thus formed shall, upon the trial be found for the defendant, the attachment shall be dismissed and all property, rights, effects and credits held or affected thereby, or thereunder, shall be released and discharged from the operation thereof; but such dismissal of the attachment shall not abate the suit, but the same shall proceed as in ordinary cases. History: C.L. 1897, § 2685 (216), added by Laws 1907, ch. 107, § 1 (216); Code 1915, § 4326; C.S. 1929, § 105-1629; 1941 Comp., § 22-132; 1953 Comp., § 26-1-32. 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 an action of assumpsit (now ordinary action on contract), by attachment, on a demand due, where the defendant answered traversing the affidavit for attachment, but failed to plead to the declaration (now complaint), judgment by default was properly entered. Ripley v. Astec Mining Co., 1892-NMSC-009, 6 N.M. 415, 28 P. 773 (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. — Recovery of value of use of property wrongfully attached, 45 A.L.R.2d 1221. Posting of redelivery bond by defendant in attachment as waiver of damages for wrongful attachment, 57 A.L.R.2d 1376. Right to recover attorneys' fees for wrongful attachment, 65 A.L.R.2d 1426. Liability of creditor for excessive attachment or garnishment, 56 A.L.R.3d 493. 7 C.J.S. Attachment §§ 284, 285, 394, 402, 403.
NM Stat § 42-9-33 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-33 - [Appeal from order discharging attachment; supersedeas.]

When an order or judgment discharging an attachment is rendered in the district court, and the party who obtained such attachment shall seek to have the proceedings, on the trial of the issue on the affidavit for the attachment or the action of the court in cases where such trial was not had, reviewed in the supreme court, he shall have the right to do so upon appeal or writ of error [as] in other cases. Upon his giving bond for a supersedeas, as in other cases, the lien of his attachment shall be preserved until the final review and determination of his right to his lien in the court of final appellate jurisdiction. History: C.L. 1897, § 2685 (223), added by Laws 1907, ch. 107, § 1 (223); Code 1915, § 4335; C.S. 1929, § 105-1638; 1941 Comp., § 22-133; 1953 Comp., § 26-1-33. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For appellate jurisdiction of the supreme court, see N.M. Const., art. VI, § 2; 39-3-2 NMSA 1978. For appeals, see Rules 12-201 to 12-203 NMRA. For supersedeas, see Rule 12-207 NMRA. Order dissolving attachment interlocutory, not final judgment. — An order dissolving an attachment which is made before final judgment is rendered in the main suit as to the indebtedness, is only an interlocutory order or decree, and is not a final judgment. Machen v. Keeler, 1902-NMSC-015, 11 N.M. 413, 68 P. 937 (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 §§ 319, 444, 529, 867. Exercise of option to purchase, as dissolving attachment levied between giving and exercise of the option, 50 A.L.R. 1321. Amendment of pleadings or the writ as ground for discharge of attachment, 74 A.L.R. 912. Appeal as suspending dissolution of attachment, 115 A.L.R. 598. Appealability, prior to final judgment, of order discharging or vacating attachment or refusing to do so, 19 A.L.R.2d 640. 7 C.J.S. Attachment § 372.
NM Stat § 42-9-34 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-34 - [Appeal before final judgment.]

It shall not be necessary that a final judgment as to the indebtedness claimed by the plaintiff in attachment shall be rendered, before the questions arising on the attachment proceedings may be reviewed on appeal or writ of error, but such appeal or writ of error may be sued out either before or after rendition of judgment on the indebtedness sued for. History: C.L. 1897, § 2685 (224), added by Laws 1907, ch. 107, § 1 (224); Code 1915, § 4336; C.S. 1929, § 105-1639; 1941 Comp., § 22-134; 1953 Comp., § 26-1-34. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For appellate jurisdiction of the supreme court, see N.M. Const., art. VI, § 2; 39-3-2 NMSA 1978. For interlocutory appeals, see Rule 12-203 NMRA. Appeal to supreme court, either before or after judgment. — This section allows appeal to the supreme court in attachment cases on the attachment issue, either before or after the rendition of the judgment on the indebtedness sued for. First Nat'l Bank v. George, 1920-NMSC-025, 26 N.M. 46, 189 P. 240. 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. — Appealability, prior to final judgment, of order discharging or vacating attachment or refusing to do so, 19 A.L.R.2d 640. 4 C.J.S. Appeal and Error §§ 122, 123.
NM Stat § 42-9-35 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-35 - [Judgment against sureties on bond given to discharge attachment.]

If upon the trial of said cause judgment shall be rendered against the defendant on the demand sued for, such judgment shall also be rendered against the sureties on said bond given for the discharge of said attachment; and the giving of said bond shall have the effect of conferring jurisdiction upon the court to render said judgment against the said sureties, for the amount of the damages recovered against the defendant, without further process or notice. History: C.L. 1897, § 2685 (226), added by Laws 1907, ch. 107, § 1 (226); Code 1915, § 4338; C.S. 1929, § 105-1641; 1941 Comp., § 22-135; 1953 Comp., § 26-1-35. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Judgment against sureties. — When judgment by default is rendered against the defendant on the indebtedness sued on, judgment may be rendered against sureties on the bond. Leusch v. Nickel, 1911-NMSC-005, 16 N.M. 28, 113 P. 595. Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
NM Stat § 42-9-36 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-36 - [Sale of attached realty after judgment for plaintiff.]

If plaintiff receives judgment, any real estate belonging to defendant or right, title, estate or interest therein whether legal or equitable which has been attached may be sold to satisfy said judgment and the district court of the county in which said property is located shall upon application appoint a special master to sell the same, who shall publish notice of said sale describing the property to be sold, giving the time and place of sale, and the amount of plaintiff's judgment including interest and costs of suit. History: Laws 1939, ch. 159, § 6; 1941 Comp., § 22-136; 1953 Comp., § 26-1-36. ANNOTATIONSLaw 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. — Attachment or execution creditor as purchaser within rule that first of two purchasers to obtain possession will prevail, 21 A.L.R. 1031. Estoppel of or waiver by parties or participants regardingirregularities or defects in execution or judicial sale, 2 A.L.R.2d 6. 7 C.J.S. Attachment §§ 281, 283.
NM Stat § 42-9-37 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-37 - [Sale of attached personalty after judgment for plaintiff.]

Any personal property belonging to the defendant or right, title or interest therein legal or equitable which has been attached may be sold under an execution issued on such attachment as in other cases of ordinary execution to satisfy plaintiff's judgment. History: Laws 1939, ch. 159, § 7; 1941 Comp., § 22-137, 1953 Comp., § 26-1-37. 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. — 7 C.J.S. Attachment §§ 281, 283.
NM Stat § 42-9-38 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-38 - [Ancillary attachments; affidavit; bond; writ.]

In any civil suit, when the summons against the defendant has been returned, executed, the plaintiff, his agent or attorney, may, at any time, before judgment, file an affidavit with the clerk of the court in which the suit is pending, and give bond with security as in cases of original attachments; and thereupon the clerk must issue an attachment, returnable as in other cases of original attachments. History: C.L. 1897, § 2685 (214), added by Laws 1907, ch. 107, § 1 (214); Code 1915, § 4324; C.S. 1929, § 105-1627; 1941 Comp., § 22-143; 1953 Comp., § 26-1-43. 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. — 7 C.J.S. Attachment §§ 2, 368.
NM Stat § 42-9-39 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 9 - Attachment|Section 42-9-39 - [Procedure in suit containing ancillary attachment.]

In all cases when attachments are sued out ancillary to the original suit, the suit must thereafter proceed in all respects as if it had been commenced originally by attachment. History: C.L. 1897, § 2685 (215), added by Laws 1907, ch. 107, § 1 (215); Code 1915, § 4325; C.S. 1929, § 105-1628; 1941 Comp., § 22-144; 1953 Comp., § 26-1-44. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Ancillary attachment is proceeding in aid of personal action where the debtor has been served or has appeared in court so as to be liable to a personal judgment. S. Cal. Fruit Exch. v. Stamm, 1898-NMSC-008, 9 N.M. 361, 54 P. 345; 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).
NM Stat § 42-10-4 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 10 - Exemptions|Section 42-10-4 - [Benefits from benevolent associations.]

Any beneficiary fund not exceeding five thousand dollars [($5,000)], set apart, appropriated or paid, by any benevolent association or society, according to its rules, regulations or bylaws, to the family of any deceased member, or to any member of such family, shall not be liable to be taken by any process or proceedings, legal or equitable, to pay any debts of such deceased member. History: Laws 1887, ch. 37, § 7; C.L. 1897, § 1741; Code 1915, § 2315; C.S. 1929, § 48-105; 1941 Comp., § 21-504; 1953 Comp., § 24-5-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Law reviews. — For comment, "A Comparison of State and Federal Exemptions: 11 U.S.C. § 101-1330 (Supp. II 1978)," see 10 N.M.L. Rev. 431 (1980). Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of statutory exemptions of proceeds of workmen's compensation awards, 31 A.L.R.3d 532. Validity, construction and effect of statutory exemptions of proceeds of workers' compensation awards, 48 A.L.R.5th 473.
NM Stat § 42-10-5 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 10 - Exemptions|Section 42-10-5 - [Life insurance proceeds.]

The proceeds of any life insurance are not subject to the debts of the deceased, except by special contract or arrangement, to be made in writing. History: C.L. 1884, § 1422, substituted by Laws 1889, ch. 90, § 21; C.L. 1897, § 2042; Code 1915, § 2316; C.S. 1929, § 48-106; 1941 Comp., § 21-505; 1953 Comp., § 24-5-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Laws 1889, ch. 90, § 21 commenced as follows: "Sections 1410 to 1422, both inclusive, of the Compiled Laws of 1884, are repealed, and the following sections, bearing the same numbers respectively, are hereby substituted in place of said repealed sections:" and then set out sections numbered §§ 1410 to 1422. The provisions of said § 1422, as set out in the 1889 law, are set out in the text of the present section. Compiled Laws 1884, § 1422 being Laws 1871-1872, ch. 17, § 1, read: "When either the husband or wife dies without legitimate children the one surviving shall be heir to all the acquired property of the marriage community." Indemnification for funeral expenses permitted. — This section would not prevent provision in a life insurance contract authorizing the insurance company to pay to any person who was subjected to expense incident to the burial of the deceased a sum equal to the money thus expended. 1948 Op. Att'y Gen. No. 48-5164. Law reviews. — For comment, "A Comparison of State and Federal Exemptions: 11 U.S.C. § 101-1330 (Supp. II 1978)," see 10 N.M.L. Rev. 431 (1980). Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Exemptions §§ 179 to 182, 184 to 188, 190 to 194, 198. Right, with respect to exempt proceeds of life insurance, of one whose funds have been wrongfully used to pay premiums, 24 A.L.R. 672. Assignee of insurance policy, exemption of proceeds available to, 1 A.L.R.2d 1031. Endowment policy as life insurance within exemption law, 30 A.L.R.2d 751. 35 C.J.S. Exemptions §§ 39 to 42.
NM Stat § 42-10-6 (2021)
2021 New Mexico Statutes|Chapter 42 - Actions and Proceedings Relating to Property|Article 10 - Exemptions|Section 42-10-6 - Personal property used as a security under the Uniform Commercial Code is not exempt.

A secured creditor who has personal property of the debtor as security as provided by the Uniform Commercial Code [Chapter 55 NMSA 1978] may proceed according to the terms of the security instrument and the Uniform Commercial Code. The debtor cannot exempt personal property given to a secured creditor as security unless there be more property than is necessary to pay the debt to the secured creditor. The debtor may claim an exemption out of the surplus. History: 1953 Comp., § 24-5-6, enacted by Laws 1971, ch. 215, § 3. ANNOTATIONSRepeals and reenactments. — Laws 1971, ch. 215, § 3, repealed 24-5-6, 1953 Comp., relating to exemptions for draymen and heads of family engaged in agriculture or medicine, and enacted a new section. Federal lien avoidance provision superior to section. — The lien avoidance provision of the federal Bankruptcy Code takes priority over this section in a bankruptcy proceeding. Yparrea v. Roswell Prod. Credit Ass'n, 16 Bankr. 33 (Bankr. D.N.M. 1981). Law reviews. — For note, "Debtor Exemptions in New Mexico," see 6 Nat. Resources J. 467 (1966). For comment, "A Comparison of State and Federal Exemptions: 11 U.S.C. § 101-1330 (Supp. II 1978)," see 10 N.M.L. Rev. 431 (1980). Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Exemptions § 31. Farmer as within description of persons entitled to protection of debtor's exemption statute, 107 A.L.R. 614. 35 C.J.S. Exemptions §§ 27 to 30, 47.