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Section 44-5-12 - [Garnishment against winner in action by creditor against loser — New Mexico Law | CourtGPT
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New Mexico Legal Code

Section 44-5-12 - [Garnishment against winner in action by creditor against loser

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Any creditor to any person losing by any game at cards or any other gambling device, in addition to the remedy provided by the above sections of this chapter [44-5-1 to 44-5-14 NMSA 1978], shall have the right to garnishee the winner in any proceeding by attachment or execution, and the same proceeding shall be had thereon as if such winner were a debtor of the party losing to the amount of money, property, rights or credits, that may appear to have been so won by said winner from the party losing. History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 12; C.L. 1884, § 2301; C.L. 1897, § 3210; Code 1915, § 2518; C.S. 1929, § 58-112; 1941 Comp., § 25-1012; 1953 Comp., § 22-10-12. ANNOTATIONSCross references. — For procedures in garnishment proceedings, see 35-12-1 to 35-12-19 NMSA 1978. Compiler's notes. — The term 'this chapter' was substituted for the term 'this act' by the 1915 Code compilers and refers to ch. 48 of the 1915 Code. Law reviews. — For article, 'Approaching Statutory Interpretation in New Mexico,' see 8 Nat. Resources J. 689 (1968).