The plaintiff shall before the execution of the writ enter into bond with sufficient sureties, to the officer to whom the writ is directed, in double the value of the property, conditioned on the prosecution of the suit with effect and without delay and that he will without delay make return of the property if a return is adjudged, keep harmless the officer and pay all costs that may accrue.
History: C.L. 1897, § 2685 (233), added by Laws 1907, ch. 107, § 1 (233); Code 1915, § 4345; C.S. 1929, § 105-1706; 1941 Comp., § 25-1506; 1953 Comp., § 22-17-6; Laws 1975, ch. 249, § 2.
Cross references. — For approval and filing of bond when suit against sheriff, see 42-8-9 NMSA 1978.
For the issuance of writs by the judge of the district court, and approval of bond, see 42-8-18 NMSA 1978.
For suit on replevin bond, see 46-6-7 NMSA 1978.
Writ served only by giving bond. — Writ of replevin may be required to be served only upon the giving of the bond specified herein. Troy Laundry Mach. Co. v. Carbon City Laundry Co., 1921-NMSC-038, 27 N.M. 117, 196 P. 745.
When failure to give bond not cause for dismissal. — Action should not be dismissed for failure to give bond prior to the issuance of the writ, where there was an appearance and pleading to the merits. Objection should have been taken by motion before pleading to the merits. Laird v. Upton, 1897-NMSC-012, 8 N.M. 409, 45 P. 1010 (decided under former law).
Under former law, bond not jurisdictional. — Laws 1865, ch. 35, § 3, did not require the giving of the bond prior to the issuance of the writ except where the action was against the sheriff, for the giving of the bond was not jurisdictional. Laird v. Upton, 1897-NMSC-012, 8 N.M. 409, 45 P. 1010 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Replevin §§ 19, 33, 34, 58 to 60, 86.
Loss or destruction of property pending replevin action as affecting liability under bond given therein, 31 A.L.R. 1290.
77 C.J.S. Replevin § 46 et seq.
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