When an order or judgment discharging an attachment is rendered in the district court, and the party who obtained such attachment shall seek to have the proceedings, on the trial of the issue on the affidavit for the attachment or the action of the court in cases where such trial was not had, reviewed in the supreme court, he shall have the right to do so upon appeal or writ of error [as] in other cases. Upon his giving bond for a supersedeas, as in other cases, the lien of his attachment shall be preserved until the final review and determination of his right to his lien in the court of final appellate jurisdiction.
History: C.L. 1897, § 2685 (223), added by Laws 1907, ch. 107, § 1 (223); Code 1915, § 4335; C.S. 1929, § 105-1638; 1941 Comp., § 22-133; 1953 Comp., § 26-1-33.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For appellate jurisdiction of the supreme court, see N.M. Const., art. VI, § 2; 39-3-2 NMSA 1978.
For appeals, see Rules 12-201 to 12-203 NMRA.
For supersedeas, see Rule 12-207 NMRA.
Order dissolving attachment interlocutory, not final judgment. — An order dissolving an attachment which is made before final judgment is rendered in the main suit as to the indebtedness, is only an interlocutory order or decree, and is not a final judgment. Machen v. Keeler, 1902-NMSC-015, 11 N.M. 413, 68 P. 937 (decided under former law).
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 §§ 319, 444, 529, 867.
Exercise of option to purchase, as dissolving attachment levied between giving and exercise of the option, 50 A.L.R. 1321.
Amendment of pleadings or the writ as ground for discharge of attachment, 74 A.L.R. 912.
Appeal as suspending dissolution of attachment, 115 A.L.R. 598.
Appealability, prior to final judgment, of order discharging or vacating attachment or refusing to do so, 19 A.L.R.2d 640.
7 C.J.S. Attachment § 372.