Any person plaintiff or defendant in any replevin suits pending in any court in this state, may at any time before judgment, after reasonable notice to the person by whom any bond has been given in any such suit, move the court for additional security on the part of any such principal in such bond, and if, on such motion, the court is satisfied that any surety on such bond has removed from the state or that for any other reason such bond is not sufficient security for the amount thereof, it may direct a new and sufficient bond to be given within a reasonable time, to be fixed by the court, and in default thereof may make such order disposing of the property, the possession of which is held by virtue of such bond, as the failure to give such additional security may require and such orders may be made in vacation as well as in term time.
History: C.L. 1897, § 2685 (234), added by Laws 1907, ch. 107, § 1 (234); Code 1915, § 4346; C.S. 1929, § 105-1707; 1941 Comp., § 25-1508; 1953 Comp., § 22-17-8.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The compilers of the 1915 Code deleted the words "attachment or" between the words "any" and "replevin suits." For similar section under attachment from the same act, see 42-9-12 NMSA 1978.
Cross references. — For requiring additional security from defendant or return of property, see 42-8-22 NMSA 1978.