Whenever any personal property is wrongfully taken or detained, the person having a right to immediate possession may bring a civil action of replevin for recovery of the property and for damages sustained from the wrongful taking or detention. However, in replevin actions, magistrate courts shall not issue any writs of replevin or any other orders providing for a seizure of property before judgment.

History: 1953 Comp., § 36-13-1, enacted by Laws 1968, ch. 62, § 127; 1975, ch. 249, § 8.

Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-13-1, 1953 Comp., relating to forms in criminal cases, effective January 1, 1969.

Cross references. — For jurisdictional amount of magistrate court, see 35-3-3 NMSA 1978.

For replevin bond where animals trespassing in irrigation district, see 77-14-14 NMSA 1978.

Former versions unconstitutional. — Former versions of New Mexico replevin statutes, insofar as they provided for a prejudgment taking of property without notice and hearing, were unconstitutional as a violation of the constitutional prohibition of taking property without due process of law. Montoya v. Blackhurst, 1972-NMSC-058, 84 N.M. 91, 500 P.2d 176.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Replevin §§ 61 to 66.

Sufficiency of proof in replevin of defendant's possession at time of commencement of action, 2 A.L.R.2d 1043.

Right of action for conversion as affected by assertion of rights or pursuit of remedies founded on continued ownership of the property, 3 A.L.R.2d 218.

Revocation of license to cut and remove timber as affecting rights in respect of timber cut but not removed, 26 A.L.R.2d 1194.

Availability of replevin or similar possessory action to one not claiming as heir, legatee or creditor of decedent's estate, against personal representative, 42 A.L.R.2d 418.

County that may bring replevin or similar possessory action, 60 A.L.R.2d 487.

Recovery of fees as damages by successful litigant in replevin or detinue action, 60 A.L.R.2d 945.

Maintenance of replevin or similar possessory remedy by cotenant, or security transaction creditor thereof, against other cotenants, 93 A.L.R.2d 358.

Recovery of value of property in replevin or similar possessory action where defendant, at time action is brought, is no longer in possession of property, 97 A.L.R.2d 896.

Modern views as to validity, under Federal Constitution, of state prejudgment attachment, garnishment and replevin procedures, distraint procedures under landlords' or innkeepers' lien statutes, and like procedures authorizing summary seizure of property, 18 A.L.R. Fed. 223, 29 A.L.R. Fed. 418.

77 C.J.S. Replevin § 1 et seq.