Any person owning or claiming any property, or a lien thereon, which has been attached in any proceeding to which he is not a party may intervene therein at any time before the trial thereof begins, by filing a petition, under oath, setting up his right, and thereafter said cause shall proceed as in other cases of intervention.
History: Laws 1917, ch. 75, § 1; C.S. 1929, § 105-1613; 1941 Comp., § 22-129; 1953 Comp., § 26-1-29.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For intervention, see Rule 1-024 NMRA.
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 577 to 586.
Attorney's fees for wrongful attachment, right of successful intervenor or claimant of property to, 25 A.L.R. 604, 65 A.L.R.2d 1426.
Right of attaching creditor to intervene in suit of prior attachment creditor, 39 A.L.R. 1505.
Reformation of deed or mortgage as against intervening rights of attaching judgment creditor, 44 A.L.R. 109, 79 A.L.R.2d 1180.
Surety of building contractor who completes contract as entitled to moneys earned by contractor but unpaid before default, as against attaching creditors of contractor, 45 A.L.R. 388, 134 A.L.R. 738, 164 A.L.R. 613.
Relief to successful intervenor or interpleader in attachment, nature and extent of, 66 A.L.R. 908.
7 C.J.S. Attachment §§ 298 to 315.