[Judgment against sureties on bond given to discharge attachment.]

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If upon the trial of said cause judgment shall be rendered against the defendant on the demand sued for, such judgment shall also be rendered against the sureties on said bond given for the discharge of said attachment; and the giving of said bond shall have the effect of conferring jurisdiction upon the court to render said judgment against the said sureties, for the amount of the damages recovered against the defendant, without further process or notice.

History: C.L. 1897, § 2685 (226), added by Laws 1907, ch. 107, § 1 (226); Code 1915, § 4338; C.S. 1929, § 105-1641; 1941 Comp., § 22-135; 1953 Comp., § 26-1-35.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Judgment against sureties. — When judgment by default is rendered against the defendant on the indebtedness sued on, judgment may be rendered against sureties on the bond. Leusch v. Nickel, 1911-NMSC-005, 16 N.M. 28, 113 P. 595.

Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).


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