In all legal proceedings against the county, process shall be served on the county clerk, and whenever such suit or proceeding shall be commenced it shall be the duty of the clerk forthwith to notify the district attorney of the judicial district in which the county so sued is situate, and to lay before the board of county commissioners at their next meeting all the information he may have in regard to such suit or proceeding.

History: Laws 1876, ch. 1, § 5; C.L. 1884, § 336; C.L. 1897, § 655; Code 1915, § 1153; C.S. 1929, § 33-3702; 1941 Comp., § 15-4302; 1953 Comp., § 15-45-2.

Cross references. — For venue of actions against counties, see 38-3-2, 41-4-18 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 792.

Waiver of, or estoppel to assert, failure to give notice of claim of injury as condition of liability of county for injury from defects in street, road or other public place, 153 A.L.R. 329, 65 A.L.R.2d 1278.

Deposit in mail of notice of claim required as condition of action against or liability of county as giving of notice within required period, 175 A.L.R. 299.

Persons upon whom notice of injury or claims against county may or must be served, 23 A.L.R.2d 969.

Complaint as satisfying requirement of notice of claim upon states, municipalities, and other political subdivisions, 45 A.L.R.5th 109.

Persons or entities upon whom notice of injury or claim against state or state agencies may or must be served, 45 A.L.R.5th 173.

Sufficiency of notice of claim against local governmental unit as regards identity, name, address, and residence of claimant, 53 A.L.R.5th 617.

Sufficiency of notice of claim against local political entity as regards time when accident occurred, 57 A.L.R.5th 689.

20 C.J.S. Counties § 263.