Before any writ shall issue in an action brought upon the complaint or information of a private relator under the provisions of this act [44-3-1 to 44-3-16 NMSA 1978], such private person shall file with the clerk of the court issuing such writ a cost bond in an amount to be fixed by the court, executed and acknowledged as required by law in the case of supersedeas bonds on appeal, to be approved by the clerk of said court, conditioned as now required by law in the case of cost bonds in the district court.
History: Laws 1919, ch. 28, § 5; C.S. 1929, § 115-105; 1941 Comp., § 26-205; 1953 Comp., § 22-15-5.
Failure to give cost bond will not defeat jurisdiction where the defendant has made a general appearance. State ex rel. Besse v. District Court, 1925-NMSC-025, 31 N.M. 82, 239 P. 452.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto § 59.
74 C.J.S. Quo Warranto § 17.
Structure 2021 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Section 44-3-1 - [Commencement of proceedings; complaint; writ permissive.]
Section 44-3-2 - [Trial; time; use of jury permissive.]
Section 44-3-3 - [Name of private relator to be shown.]
Section 44-3-4 - [Who may bring action; private relators; when action lies.]
Section 44-3-5 - [Cost bond to be posted by private relator.]
Section 44-3-7 - [Right to elective office; allegations concerning election.]
Section 44-3-9 - [Judgment; nature; expiration of term of office before rendition.]
Section 44-3-13 - [Joinder of defendants.]