In any civil suit, when the summons against the defendant has been returned, executed, the plaintiff, his agent or attorney, may, at any time, before judgment, file an affidavit with the clerk of the court in which the suit is pending, and give bond with security as in cases of original attachments; and thereupon the clerk must issue an attachment, returnable as in other cases of original attachments.
History: C.L. 1897, § 2685 (214), added by Laws 1907, ch. 107, § 1 (214); Code 1915, § 4324; C.S. 1929, § 105-1627; 1941 Comp., § 22-143; 1953 Comp., § 26-1-43.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
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. — 7 C.J.S. Attachment §§ 2, 368.