The securities on attachment bonds shall be residents of this state, or a bond company authorized to do business in this state, and shall acknowledge the execution of such bond by them in the manner and before such officer as may be prescribed by law for the acknowledgment of conveyances of real estate.
History: C.L. 1897, § 2685 (187), added by Laws 1907, ch. 107, § 1 (187); Code 1915, § 4304; C.S. 1929, § 105-1606; 1941 Comp., § 22-109; 1953 Comp., § 26-1-9.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For release of surety on bond, see 46-6-6 NMSA 1978.
No right of action upon indemnifying bond by defendant. — This section does not confer upon the defendant in an attachment suit the right of action upon an indemnifying bond given the sheriff, such bond not arising by virtue of the attachment laws. De Witt v. United States Fid. & Guar. Co., 1915-NMSC-020, 20 N.M. 163, 148 P. 489.
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. — Bankruptcy of debtor within four months after attachment or execution as discharging surety on bond to release property, 36 A.L.R. 449, 107 A.L.R. 1138.
Obligation of surety on attachment bond as affected by attachment, defendant's adjudication in bankruptcy, 68 A.L.R. 1331.
7 C.J.S. Attachment §§ 121, 122, 124, 131.
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