Any person interested in any bond by virtue of the attachment and replevin laws, may maintain suit thereon without any assignment by the officer to whom the same is given.
History: C.L. 1897, § 2685(222)(236), added by Laws 1907, ch. 107, § 1(222)(236); Code 1915, § 4334; C.S. 1929, § 105-1637; 1941 Comp., § 28-108; 1953 Comp., § 28-1-8.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For execution against sureties, see 39-4-10 NMSA 1978.
For replevin generally, see Chapter 42, Article 8 NMSA 1978.
For attachment generally, see Chapter 42, Article 9 NMSA 1978.
This section does not apply to any bond given the sheriff. De Witt v. United States Fid. & Guar. Co., 1915-NMSC-020, 20 N.M. 163, 148 P. 489.
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Structure New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Section 46-6-2 - Costs of bond; allowance to fiduciaries; costs in court action.
Section 46-6-3 - Release of surety; notice.
Section 46-6-4 - [Surety companies; failure to pay judgment; forfeiture of right to do business.]
Section 46-6-5 - [Suits against surety companies; estoppel to deny authority.]
Section 46-6-7 - [Suit on attachment or replevin bond; no assignment necessary.]
Section 46-6-8 - [Agreement with surety over deposits of principal.]
Section 46-6-9 - [Arrest bond certificates; surety company undertakings authorized.]