2019 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Article 9 - Attachment
Section 42-9-2 - [Attachment authorized in actions ex delicto.]

Wherever an attachment may issue against the property of any person upon any debt or other action founded upon contract, attachment may also issue upon any action founded upon a tort or other action ex delictu [ex delicto]; this law shall apply to actions which have heretofore or may hereafter accrue.

History: C.L. 1897, § 2685 (183), added by Laws 1907, ch. 107, § 1 (183); Code 1915, § 4300; C.S. 1929, § 105-1602; 1941 Comp., § 22-102; 1953 Comp., § 26-1-2.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For exemption of workmen's compensation claims, see 52-1-52 NMSA 1978.

Section will not support an action in garnishment wherein plaintiff seeks to garnish money owing to defendant whom he is suing in tort. Sullivan v. Michelli, 1930-NMSC-063, 35 N.M. 59, 289 P. 803.

Magistrate or district court proper tribunal. — Under existing legislation, attachment in tort actions may be had in both district and justice (now magistrate) courts. Butler Paper Co. v. Sydney, 1943-NMSC-047, 47 N.M. 463, 144 P.2d 170.

Tract, improved with community funds, subject to sale under attachment. U.S. Fid. & Guar. Co. v. Chavez, 126 F. Supp. 227 (D.N.M. 1954).

Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Jurisdiction on constructive service divorce or alimony suit to reach property within state as affected by attachment, 10 A.L.R.3d 212.

7 C.J.S. Attachment §§ 7, 17.