Any person, plaintiff or defendant, in any attachment suits pending in any court in this state, may, at any time before judgment, after reasonable notice to the person by whom any bond has been given in any such suit, move the court for additional security on the part of any such principal in such bond, and if, on such motion, the court is satisfied that any surety on such bond has removed from the state, or that for any other reason such bond is not sufficient security for the amount thereof, it may direct a new and sufficient bond to be given within a reasonable time, to be fixed by the court, and in default thereof, may make such order disposing of the property, the possession of which is held by virtue of such bond as the failure to give such additional security may require, and such orders may be made in vacation, as well as in term time.
History: C.L. 1897, § 2685 (221), added by Laws 1907, ch. 107, § 1 (221); Code 1915, § 4333; C.S. 1929, § 105-1636; 1941 Comp., § 22-112; 1953 Comp., § 26-1-12.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
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. — De minimis non curat lex as applied to deficiency in attachment bond, 44 A.L.R. 184.
7 C.J.S. Attachment §§ 128, 248, 259.
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