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.
Bracketed 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.
Structure 2021 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Section 42-9-1 - [Grounds for attachment; unmatured debts.]
Section 42-9-2 - [Attachment authorized in actions ex delicto.]
Section 42-9-3 - [Situs of debts and intangible interest in property.]
Section 42-9-5 - [Affidavit; by whom made; contents.]
Section 42-9-6 - [Form of affidavit.]
Section 42-9-7 - [Bond; parties; amount; condition.]
Section 42-9-8 - [Form of bond.]
Section 42-9-9 - [Sureties on bonds; qualifications; acknowledgments.]
Section 42-9-10 - [Approval of bond; papers filed before issuance of writ.]
Section 42-9-11 - [Suit on bond.]
Section 42-9-12 - [Requiring additional security.]
Section 42-9-13 - [Contents of writ.]
Section 42-9-15 - [Issuance and return of writ; proceedings; judgment.]
Section 42-9-16 - [Time for return of writs of execution, attachment and replevin.]
Section 42-9-18 - [Service by publication; personal service outside state.]
Section 42-9-19 - [Default after service by publication; judgment; effect.]
Section 42-9-20 - [Forthcoming bond.]
Section 42-9-21 - [Officer's return.]
Section 42-9-22 - [Officer's liability on failure to return bond.]
Section 42-9-23 - [When court acquires jurisdiction; survival of action.]
Section 42-9-24 - [Perishable property; petition for sale; hearing; order.]
Section 42-9-25 - [Designating person to make sale; requiring bond.]
Section 42-9-26 - [Receiver; appointment; bond.]
Section 42-9-27 - [Disposition of proceeds of sale.]
Section 42-9-28 - [Expenses in connection with receivership and sale.]
Section 42-9-29 - [Intervention in attachment proceedings.]
Section 42-9-30 - [Bond discharging attachment and garnishment; restitution of property.]
Section 42-9-33 - [Appeal from order discharging attachment; supersedeas.]
Section 42-9-34 - [Appeal before final judgment.]
Section 42-9-35 - [Judgment against sureties on bond given to discharge attachment.]
Section 42-9-36 - [Sale of attached realty after judgment for plaintiff.]
Section 42-9-37 - [Sale of attached personalty after judgment for plaintiff.]
Section 42-9-38 - [Ancillary attachments; affidavit; bond; writ.]
Section 42-9-39 - [Procedure in suit containing ancillary attachment.]