Any person owning or claiming any property, or a lien thereon, which has been attached in any proceeding to which he is not a party may intervene therein at any time before the trial thereof begins, by filing a petition, under oath, setting up his right, and thereafter said cause shall proceed as in other cases of intervention.
History: Laws 1917, ch. 75, § 1; C.S. 1929, § 105-1613; 1941 Comp., § 22-129; 1953 Comp., § 26-1-29.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For intervention, see Rule 1-024 NMRA.
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 §§ 577 to 586.
Attorney's fees for wrongful attachment, right of successful intervenor or claimant of property to, 25 A.L.R. 604, 65 A.L.R.2d 1426.
Right of attaching creditor to intervene in suit of prior attachment creditor, 39 A.L.R. 1505.
Reformation of deed or mortgage as against intervening rights of attaching judgment creditor, 44 A.L.R. 109, 79 A.L.R.2d 1180.
Surety of building contractor who completes contract as entitled to moneys earned by contractor but unpaid before default, as against attaching creditors of contractor, 45 A.L.R. 388, 134 A.L.R. 738, 164 A.L.R. 613.
Relief to successful intervenor or interpleader in attachment, nature and extent of, 66 A.L.R. 908.
7 C.J.S. Attachment §§ 298 to 315.
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.]