Before any writ shall issue in an action brought upon the complaint or information of a private relator under the provisions of this act [44-3-1 to 44-3-16 NMSA 1978], such private person shall file with the clerk of the court issuing such writ a cost bond in an amount to be fixed by the court, executed and acknowledged as required by law in the case of supersedeas bonds on appeal, to be approved by the clerk of said court, conditioned as now required by law in the case of cost bonds in the district court.
History: Laws 1919, ch. 28, § 5; C.S. 1929, § 115-105; 1941 Comp., § 26-205; 1953 Comp., § 22-15-5.
Failure to give cost bond will not defeat jurisdiction where the defendant has made a general appearance. State ex rel. Besse v. District Court, 1925-NMSC-025, 31 N.M. 82, 239 P. 452.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Quo Warranto § 59.
74 C.J.S. Quo Warranto § 17.
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