Section 42-9-34 - [Appeal before final judgment.]

NM Stat § 42-9-34 (2019) (N/A)

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It shall not be necessary that a final judgment as to the indebtedness claimed by the plaintiff in attachment shall be rendered, before the questions arising on the attachment proceedings may be reviewed on appeal or writ of error, but such appeal or writ of error may be sued out either before or after rendition of judgment on the indebtedness sued for.

History: C.L. 1897, § 2685 (224), added by Laws 1907, ch. 107, § 1 (224); Code 1915, § 4336; C.S. 1929, § 105-1639; 1941 Comp., § 22-134; 1953 Comp., § 26-1-34.

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

Cross references. — For appellate jurisdiction of the supreme court, see N.M. Const., art. VI, § 2; 39-3-2 NMSA 1978.

For interlocutory appeals, see Rule 12-203 NMRA.

Appeal to supreme court, either before or after judgment. — This section allows appeal to the supreme court in attachment cases on the attachment issue, either before or after the rendition of the judgment on the indebtedness sued for. First Nat'l Bank v. George, 1920-NMSC-025, 26 N.M. 46, 189 P. 240.

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. — Appealability, prior to final judgment, of order discharging or vacating attachment or refusing to do so, 19 A.L.R.2d 640.

4 C.J.S. Appeal and Error §§ 122, 123.

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Section 42-9-33 - [Appeal from order discharging attachment; supersedeas.]

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Section 42-9-35 - [Judgment against sureties on bond given to discharge attachment.]