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.
Cross 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.
Structure 2021 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Section 42-8-1 - [Right of action; purpose of remedy.]
Section 42-8-2 - [Cross-replevin; property in hands of officer.]
Section 42-8-4 - [Remedy against corporation same as against individual.]
Section 42-8-6 - Replevin bond; when filed; parties; conditions.
Section 42-8-8 - [Requiring additional security.]
Section 42-8-9 - Replevin against sheriff.
Section 42-8-10 - [Manner of executing writ.]
Section 42-8-12 - [Property not returned and accepted; collection of value.]
Section 42-8-13 - [Officer damnified; suit on bond.]
Section 42-8-14 - [Defendant may sue on bond in name of officer.]
Section 42-8-15 - [Liability of sheriff for failure to take sufficient bond from plaintiff.]
Section 42-8-16 - Form of affidavit.
Section 42-8-17 - Form of bond.
Section 42-8-18 - Approval of bond; issuance of writ.
Section 42-8-19 - Motion to dissolve; damages.