The supreme court or court of appeals, on the determination of a cause on appeal or error, may award execution to carry it into effect, or may remit the record with its decision to the district court from which the cause came, and the determination shall be carried into effect by the district court. When any writ of execution sued out of the supreme court or court of appeals is placed in the hands of any officer for levy or collection and the officer fails to find any property from which it may be satisfied, the officer shall notify all persons who may be indebted to the defendant named in the writ not to pay the defendant, but to appear before the district court from which the cause was originally taken by appeal or writ of error and answer on oath concerning his indebtedness. Thereupon, like proceedings shall be had in the district court as in case of garnishees summoned in suits originating by attachment in the district courts.
History: Laws 1917, ch. 43, § 40; C.S. 1929, § 105-2522; 1953 Comp., § 21-10-25; Laws 1966, ch. 28, § 56.
Cross references. — For execution after judgment, see 39-1-20 NMSA 1978.
For execution and foreclosure, see 39-4-1 NMSA 1978 et seq.
For issuance and stay of mandate, see Rule 12-402 NMRA.
For executions and garnishments in the district court, see Rule 1-065.1 NMRA.
Compiler's notes. — Laws 1966, ch. 28, § 56, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Constitutionality. — For procedure required for writs for execution, see Aacen v. San Juan County Sheriff's Dep't, 944 F.2d 691 (10th Cir. 1991)(decided under prior version of Rule 1-065.1 NMRA).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5B C.J.S. Appeal and Error § 1977.
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