When the defendant shall be notified, by publication as aforesaid, and shall not appear and answer the action, judgment by default may be entered, which may be proceeded on to final judgment as in ordinary actions, but such judgment shall only bind the property attached, and shall be no evidence of indebtedness against the defendant in any subsequent suit.
History: C.L. 1897, § 2685 (197), added by Laws 1907, ch. 107, § 1 (197); Code 1915, § 4312; C.S. 1929, § 105-1615; 1941 Comp., § 22-119; 1953 Comp., § 26-1-19.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Where levy made upon defendant's property under valid writ of attachment, and service made by publication on a nonresident, although the return of the sheriff was not made until after judgment was taken, the court had jurisdiction to render a default judgment and to order sale of perishable property attached and apply the proceeds. Southern Cal. Fruit Exch. v. Stamm, 1898-NMSC-008, 9 N.M. 361, 54 P. 345 (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 § 388.
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.]