The sheriff for failing to take bond, or for taking insufficient bond from the plaintiff, shall be responsible on his official bond for all damages sustained thereby, recoverable by action in the name of the party injured.
History: C.L. 1897, § 2685 (243), added by Laws 1907, ch. 107, § 1 (243); Code 1915, § 4354; C.S. 1929, § 105-1715; 1941 Comp., § 25-1516; 1953 Comp., § 22-17-16.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Replevin § 66.
Structure 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.