The clerk shall judge of the sufficiency of the penalty and the security in the bond; if they be approved, he shall endorse his approval thereon, and the same, together with the affidavits and complaint or other lawful statement of the cause of action, shall be filed before an attachment shall be issued.
History: C.L. 1897, § 2685 (188), added by Laws 1907, ch. 107, § 1 (188); Code 1915, § 4305; C.S. 1929, § 105-1607; 1941 Comp., § 22-110; 1953 Comp., § 26-1-10.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Filing bond and issuing writ prima facie proof of approval. — The facts that the clerk filed an attachment bond and issued the writ are prima facie proof that he approved the bond, although he failed to endorse his approval upon it. Baca v. Coury, 1922-NMSC-003, 27 N.M. 611, 204 P. 57.
Affidavit and approved bond must be filed before attachment issues, or the writ will be void. Waldo v. Beckwith, 1854-NMSC-002, 1 N.M. 97 (decided under former law).
Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
Structure 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.]