The bond shall be executed by the plaintiff or some responsible person as principal, and two or more sureties, residents of the state, each of which sureties shall be worth the penalty of the bond over and above all debts, or by some bond company authorized to do business in this state, in a sum at least double the amount sworn to in the affidavit, or in such lesser amount as the district court in its discretion shall by order direct, payable to the defendant and conditioned that the plaintiff will prosecute his action without delay, and with effect, and will refund all sums of money that may be adjudged to be refunded to the defendant and pay all damages that may accrue to any defendant or garnishee by reason of such attachment or any process or judgment thereon.
History: C.L. 1897, § 2685 (186), added by Laws 1907, ch. 107, § 1 (186); Laws 1913, ch. 56, § 1; Code 1915, § 4303; C.S. 1929, § 105-1605; Laws 1939, ch. 159, § 2; 1941 Comp., § 22-107; 1953 Comp., § 26-1-7.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For no bond requirement attachment proceedings brought by New Mexico livestock board, see 77-8-17 NMSA 1978.
Bond requirement not waived because of wage claim action. — Sections 50-4-11 and 50-4-12 NMSA 1978 relating to wage claim actions by the labor commissioner (now secretary of workforce solutions department) do not waive the requirement for the furnishing of a bond in an attachment proceeding under Section 42-9-4 NMSA 1978 and this section. Cal-M, Inc. v. McManus, 1963-NMSC-184, 73 N.M. 91, 385 P.2d 954.
Reasonable attorney's fees recoverable in suit on bond. — In suit on the bond, reasonable attorney's fees, paid in defending the attachment suit, are recoverable as a part of the damages. Territory ex rel. Leyser v. Rindskopf Bros. & Co., 1889-NMSC-002, 5 N.M. 93, 20 P. 180 (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 §§ 252, 264, 333, 334, 518 to 523.
Duress, recovery upon ground of duress of money paid upon excessive or unfounded claim to avoid attachment, 18 A.L.R. 1233.
Assignment of judgment as carrying collateral rights of assignor as to attachment bond, 63 A.L.R. 291.
Attachment as affected by excessive claim, 68 A.L.R. 853.
Process in action on note or bond, not resulting in sale of mortgaged property, as precluding foreclosure of real-estate mortgage, 37 A.L.R.2d 959.
7 C.J.S. Attachment §§ 116 to 155, 412.