2019 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Article 9 - Attachment
Section 42-9-39 - [Procedure in suit containing ancillary attachment.]
In all cases when attachments are sued out ancillary to the original suit, the suit must thereafter proceed in all respects as if it had been commenced originally by attachment.
History: C.L. 1897, § 2685 (215), added by Laws 1907, ch. 107, § 1 (215); Code 1915, § 4325; C.S. 1929, § 105-1628; 1941 Comp., § 22-144; 1953 Comp., § 26-1-44.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Ancillary attachment is proceeding in aid of personal action where the debtor has been served or has appeared in court so as to be liable to a personal judgment. S. Cal. Fruit Exch. v. Stamm, 1898-NMSC-008, 9 N.M. 361, 54 P. 345; Staab v. Hersch, 1884-NMSC-018,3 N.M. (Gild.) 209, 3 P. 248 (decided under former law).
Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961).
