No cross-replevin or replevin for property in the hands of an officer shall be brought, except as herein provided.
History: C.L. 1897, § 2685 (229), added by Laws 1907, ch. 107, § 1 (229); Code 1915, § 4341; C.S. 1929, § 105-1702; 1941 Comp., § 25-1502; 1953 Comp., § 22-17-2.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Effect of third person claiming right to possession against sheriff. — An action of replevin by a third person, claiming the right to possession, against the sheriff, for the recovery of personal property seized by him under a valid writ of attachment, in the regular discharge of his duties as such, will not lie, either at common law or under the statute. Butts v. Woods, 1888-NMSC-004, 4 N.M. (Gild.) 343, 16 P. 617 (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. — 66 Am. Jur. 2d Replevin §§ 20, 25, 33.
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.