In all suits, under this chapter [44-5-1 to 44-5-14 NMSA 1978], before a justice of the peace [magistrate], the plaintiff may call in the defendant to answer, on oath, any interrogatory touching the case, and if the defendant refuse to answer, the same shall be taken as confessed.
History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 8; C.L. 1884, § 2297; C.L. 1897, § 3206; Code 1915, § 2514; C.S. 1929, § 58-108; 1941 Comp., § 25-1008; 1953 Comp., § 22-10-8.
Compiler's notes. — The term "this chapter" was substituted for the term "this act" by the 1915 Code compilers and refers to ch. 48 of the 1915 Code.
Laws 1968, ch. 62, § 40, abolishes the office of justice of the peace and provides that whenever the term "justice of the peace" occurs in the laws it shall be construed to refer to the magistrate court. See 35-1-38 NMSA 1978.
Structure 2021 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 5 - Gambling Debts and Losses
Section 44-5-2 - [Contents of complaint.]
Section 44-5-5 - [Defense in action by assignee.]
Section 44-5-7 - [How defenses under this article may be asserted.]
Section 44-5-8 - [Suit before magistrate; interrogatories to defendant.]
Section 44-5-9 - [Answer to interrogatories not evidence in criminal prosecution.]
Section 44-5-10 - [Election bets included.]
Section 44-5-11 - [Stakeholder's liability; demand required.]
Section 44-5-12 - [Garnishment against winner in action by creditor against loser.]