2011 New Mexico Statutes
Chapter 42: Actions and Proceedings Relating to Property
Article 9: Attachment, 42-9-1 through 42-9-39
Section 42-9-32: Issues found for defendant; attachment dismissed; properties released; suit unabated.


NM Stat § 42-9-32 (1996 through 1st Sess 50th Legis) What's This?

42-9-32. [Issues found for defendant; attachment dismissed; properties released; suit unabated.]

In all cases commenced by attachment, in which the truth of the affidavit for attachment, or of any material allegation therein contained shall be denied, and the issue thus formed shall, upon the trial be found for the defendant, the attachment shall be dismissed and all property, rights, effects and credits held or affected thereby, or thereunder, shall be released and discharged from the operation thereof; but such dismissal of the attachment shall not abate the suit, but the same shall proceed as in ordinary cases.

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