In any action by a defendant against a garnishee based on any indebtedness of the garnishee or on possession of any personal property, it is a conclusive defense for the garnishee to show that the indebtedness was paid or the personal property delivered under judgment of the magistrate court in a garnishment proceeding. History: 1953 Comp., § 36-14-10, enacted by Laws 1968, ch. 62, § 142. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 6 Am. Jur. 2d Attachment and Garnishment §§ 357 to 390. Estoppel of garnishee or surety on delivery bond to deny indebtedness to principal defendant, by judgment against the latter which garnishee, surety, or latter's reinsurer sought to prevent, 27 A.L.R. 1543. Liability of garnishee to garnishing creditor for depreciation in value of property pending contest, 32 A.L.R. 572. Payment under void order in garnishment proceedings as protection to garnishee, 49 A.L.R. 1411. Liability of garnishee to garnishor where former pays debts or releases property pending defective garnishment proceedings, 89 A.L.R. 975. 38 C.J.S. Garnishment § 230 et seq.
New Mexico Legal Code