Section 42-9-15 - [Issuance and return of writ; proceedings; judgment

Original writs of attachment shall be issued and returned in like manner as ordinary writs of summons; and when the defendant is cited to answer the action, like proceedings shall be had between him and the plaintiff as in ordinary actions on contracts, and a general judgment may be rendered for or against the defendant. History: C.L. 1897, § 2685 (192), added by Laws 1907, ch. 107, § 1 (192); Code 1915, § 4309; C.S. 1929, § 105-1611; 1941 Comp., § 22-115; 1953 Comp., § 26-1-15. ANNOTATIONSBracketed 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 original action in attachment where the defendant traversed the affidavit for attachment, but failed to plead to the declaration, (now complaint), judgment by default was properly entered against him. First Nat'l Bank v. George, 1920-NMSC-025, 26 N.M. 46, 189 P. 240; see also Ripley v. Astec Mining Co., 1892-NMSC-009, 6 N.M. 415, 28 P. 773. Judgment rendered during vacation void. — In action of assumpsit by attachment (now ordinary action on contract), where garnishment process was served on the defendant company, judgment

5, 28 P. 773. Judgment rendered during vacation void. — In action of assumpsit by attachment (now ordinary action on contract), where garnishment process was served on the defendant company, judgment rendered during vacation was void. Staab v. Atlantic & Pac. R.R., 1886-NMSC-015, 3 N.M. (Gild.) 606, 9 P. 381 (decided under former law). Order rendered during vacation void. — In an action of assumpsit by attachment (now ordinary action on contract), an order made during vacation, on a motion to quash the attachment proceeding argued and submitted during term, was void for being so made during vacation, and left the motion still pending and undetermined in the court below, and, on appeal from the order, the cause was stricken from the docket. Colter v. Marriage, 1886-NMSC-014, 3 N.M. (Gild.) 604, 9 P. 383 (decided under former law). Law reviews. — For article, 'Attachment in New Mexico - Part I,' see 1 Nat. Resources J. 303 (1961). 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. — 6 Am. Jur. 2d Attachment and Garnishment §§ 277, 280 to 282, 336.