Suit in district court.

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When the amount in controversy is in excess of two hundred dollars [$200], suit may be instituted in the district court in the county in which the premises is [are] situated, or in which the defendant resides or may be found, by the filing in said court of complaint, affidavit and bond, with the clerk of said court as are required by this act [48-6-1 to 48-6-16 NMSA 1978] to be filed in the justice of the peace [magistrate] court, and notice of suit and trial thereof shall be had according to law and the rules of said court in civil cases.

History: Laws 1921, ch. 182, § 15; C.S. 1929, § 82-115; 1941 Comp., § 48-1515; 1953 Comp., § 61-6-15.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. For justice of the peace construed to refer to magistrate court, see 35-1-38 NMSA 1978. Pursuant to Laws 1968, ch. 62, § 40, "magistrate" was inserted in brackets throughout this section.


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