The affidavit shall be made by the plaintiff, or some person for him, and shall state that the defendant is justly indebted to the plaintiff, after allowing all just credits and offsets, in a sum (to be specified in the affidavit), and on what account, and shall also state that the affiant has good reason to believe, and does believe, the existence of one or more of the causes which, according to the provision of Section 42-9-1 NMSA 1978, will entitle the plaintiff to sue by attachment.
History: C.L. 1897, § 2685 (185), added by Laws 1907, ch. 107, § 1 (185); Code 1915, § 4302; C.S. 1929, § 105-1604; 1941 Comp., § 22-105; 1953 Comp., § 26-1-5.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Affidavit insufficient as complaint. — Affidavit for attachment was not sufficient as a declaration (now complaint). Staab v. Hersch, 1884-NMSC-018, 3 N.M. (Gild.) 209, 3 P. 248 (decided under former law).
Affidavit may be verified before notary public. Robinson v. Hesser, 1887-NMSC-023, 4 N.M. (Gild.) 282, 13 P. 204 (decided under former law).
Special denial method of raising issue at common law. — Common-law declaration in attachment proceedings should be responded to by common-law plea in order to raise an issue, and if defendant desires to raise an issue on the affidavit for attachment, he should do so by special denial of some material facts contained in the affidavit. Staab v. Hersch, 1884-NMSC-018, 3 N.M. (Gild.) 209, 3 P. 248 (decided under former 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. — 6 Am. Jur. 2d Attachment and Garnishment §§ 254 to 275, 328, 332 to 334, 378.
7 C.J.S. Attachment §§ 72 to 113, 359.