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Section 42-8-22 - [Forthcoming bond; approval; return with writ to district court; additional security; sheriff's liability.]

NM Stat § 42-8-22 (2019) (N/A)
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The sheriff shall judge of the sufficiency of the sureties on the bond of the defendant, and shall return the same with the writ of replevin into the district court; and shall be responsible on his official bond on returning any property replevied; but any party interested in the result of any such cause may move the court on cause shown to require the defendant in such cases to give additional security, when that taken by the sheriff shall be deemed insufficient, or to return the property to the sheriff to be delivered over to the plaintiff, if the plaintiff has given a good and sufficient replevin bond, as required by law.

History: C.L. 1897, § 2685 (249), added by Laws 1907, ch. 107, § 1 (249); Code 1915, § 4359; C.S. 1929, § 105-1720; 1941 Comp., § 25-1521; 1953 Comp., § 22-17-21.

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

Cross references. — For requiring additional security, see 42-8-8 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Sufficiency of offer or tender to satisfy requirement of judgment or condition of bond in replevin, 57 A.L.R. 806.

77 C.J.S. Replevin § 90 et seq.

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Section 42-8-21 - [Defendant may keep property on giving forthcoming bond; time; parties; condition.]
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