[Defendant may sue on bond in name of officer.]

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The defendant may, for any violation of the bond, bring an action thereon in the name of the officer for his use.

History: C.L. 1897, § 2685 (242), added by Laws 1907, ch. 107, § 1 (242); Code 1915, § 4353; C.S. 1929, § 105-1714; 1941 Comp., § 25-1515; 1953 Comp., § 22-17-15.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For right to sue in name of real party in interest, see Rule 1-017 A NMRA.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Depreciation of property between the date it was replevied and final judgment as element of recovery on bond, 24 A.L.R. 1189.

Damages for detention between judgment against principal and delivery or redelivery of property as covered by replevin bond or redelivery bond in replevin, 90 A.L.R. 972.

77 C.J.S. Replevin § 90 et seq.


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