In all cases commenced by attachment, in which the truth of the affidavit for attachment, or of any material allegation therein contained shall be denied, and the issue thus formed shall, upon the trial be found for the defendant, the attachment shall be dismissed and all property, rights, effects and credits held or affected thereby, or thereunder, shall be released and discharged from the operation thereof; but such dismissal of the attachment shall not abate the suit, but the same shall proceed as in ordinary cases.

History: C.L. 1897, § 2685 (216), added by Laws 1907, ch. 107, § 1 (216); Code 1915, § 4326; C.S. 1929, § 105-1629; 1941 Comp., § 22-132; 1953 Comp., § 26-1-32.

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

Default judgment proper where defendant fails to plead to complaint. — In an action of assumpsit (now ordinary action on contract), by attachment, on a demand due, where the defendant answered traversing the affidavit for attachment, but failed to plead to the declaration (now complaint), judgment by default was properly entered. Ripley v. Astec Mining Co., 1892-NMSC-009, 6 N.M. 415, 28 P. 773 (decided under former law).

Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Recovery of value of use of property wrongfully attached, 45 A.L.R.2d 1221.

Posting of redelivery bond by defendant in attachment as waiver of damages for wrongful attachment, 57 A.L.R.2d 1376.

Right to recover attorneys' fees for wrongful attachment, 65 A.L.R.2d 1426.

Liability of creditor for excessive attachment or garnishment, 56 A.L.R.3d 493.

7 C.J.S. Attachment §§ 284, 285, 394, 402, 403.