The form of the affidavit of attachment shall be as follows, to wit:
| STATE OF NEW MEXICO) | ss. |
This day personally appeared before me, the undersigned clerk of the district court, A. B. (or C. D., agent for A. B., as the case may be), and being duly sworn, says that E. F. is justly indebted to the said A. B. in the sum of _____ dollars, after allowing all just offsets, and that the said E. F. is (setting forth one of the causes of attachment).
| A. B. or |
Subscribed and sworn to before me this _____ day of _____, A. D. [20]_____.
| __________________________ |
History: C.L. 1897, § 2685 (207), added by Laws 1907, ch. 107, § 1 (207); Code 1915, § 4317; C.S. 1929, § 105-1620; 1941 Comp., § 22-106; 1953 Comp., § 26-1-6.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The codifiers of the 1915 Code substituted, in the body of the affidavit, the words "clerk of the district court" for the words "clerk of the (district court, or probate court, as the case may be)." They also substituted, just below the line for the clerk's signature, the words "County Clerk" for the word "Clerk."
Affidavit, writ, complaint must describe plaintiff in same way. — Plaintiffs must be described in substantially the same way in the affidavit, writ, and declaration (now complaint) in attachment. If different descriptions are given in the affidavit and in the writ, it will not be presumed that the plaintiffs named in each are the same. Bennett v. Zabriski, 1880-NMSC-003, 2 N.M. 7 (decided under former law).
Affidavit for attachment may be verified before notary public. Robinson v. Hesser, 1887-NMSC-023, 4 N.M. (Gild.) 282, 13 P. 204 (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. — Surety on bond given to prevent, or secure release of attachment, right to attack attachment after recovery of judgment by plaintiff, on ground of defects in, or falsity of, affidavit, 89 A.L.R. 269.
Swearing to affidavit in attachment before unauthorized person as a defect curable by amendment, 91 A.L.R. 917.
7 C.J.S. Attachment §§ 75, 76, 106 to 113.