The clerk shall judge of the sufficiency of the penalty and the security in the bond; if they be approved, he shall endorse his approval thereon, and the same, together with the affidavits and complaint or other lawful statement of the cause of action, shall be filed before an attachment shall be issued.
History: C.L. 1897, § 2685 (188), added by Laws 1907, ch. 107, § 1 (188); Code 1915, § 4305; C.S. 1929, § 105-1607; 1941 Comp., § 22-110; 1953 Comp., § 26-1-10.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Filing bond and issuing writ prima facie proof of approval. — The facts that the clerk filed an attachment bond and issued the writ are prima facie proof that he approved the bond, although he failed to endorse his approval upon it. Baca v. Coury, 1922-NMSC-003, 27 N.M. 611, 204 P. 57.
Affidavit and approved bond must be filed before attachment issues, or the writ will be void. Waldo v. Beckwith, 1854-NMSC-002, 1 N.M. 97 (decided under former law).
Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).