If the defendant or other person on his behalf at any time before judgment cause a bond to be executed to the plaintiff, by one or more sureties, possessing the same qualifications required of sureties on bonds for the issuance of attachment, to the effect that the defendant shall perform the judgment of the court, the attachment in such action shall be discharged and restitution made of any property taken under it or the proceeds thereof. Such bond shall also discharge any garnishee from liability in said cause.
History: C.L. 1897, § 2685 (225), added by Laws 1907, ch. 107, § 1 (225); Code 1915, § 4337; C.S. 1929, § 105-1640; 1941 Comp., § 22-130; 1953 Comp., § 26-1-30.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Motion to dissolve attachment does not lie after bond given. Leusch v. Nickel, 1911-NMSC-005, 16 N.M. 28, 113 P. 595.
Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
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. — Answering to merits or giving bond for release of attachment as waiver of objections to attachment, 72 A.L.R. 120.
7 C.J.S. Attachment § 316.