Leusch v. Nickel

Citations

• 16 N.M. 28
• 113 P. 595

Syllabus

<p>SYLLABUS.</p> <p>1. Bond given under Laws, of 1907, chapter 107, subsection 225, to perform the judgment' of the court, dissolves the attachment, releases the property from the attachment and therefore motion to dissolve attachment does- not lie after such discharge.</p> <p>2. The filing of the supplemental complaint had the effect of disposing of the demurrer filed to the original complaint in-as-much as. the same was. not renewed as to the supplemental complaint.</p> <p>3. Bond executed for the payment of any judgment which might be rendered constitutes- an appearance.</p> <p>4. The fact that one of the defendants had not been served in the attachment suit would be entirely immaterial as to the indebtedness due upon a note in-as-much as the contract evidenced by the note is joint and several .under the statute and could be maintained against the defendants- -served.</p> <p>5. The -record disclosing the fact ’ that the defendants served had failed to answer or plead within the time limited by law, judgment was properly rendered upon the note sued upon.</p> <p>6. Laws 1907, chapter 107, sub-section 226, authorizes the court to render judgment against the sureties upon the bond given to dissolve the attachment.</p>