No such confession of judgment shall be filed with the clerks of said district courts, unless the defendant or debtor shall attach to and make as a part of the statement required in Section 39-1-11 NMSA 1978, an affidavit setting forth that the same is made in good faith to secure such beneficiary in debt or contingent liability justly due in the sum thus confessed or necessarily entered into, and not with the intention of defrauding any of such defendant's creditors.
History: Laws 1889, ch. 20, § 8; C.L. 1897, § 3084; Code 1915, § 3078; C.S. 1929, § 76-109; 1941 Comp., § 19-915; 1953 Comp., § 21-9-15.
ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judgments § 262.
49 C.J.S. Judgments § 146.