New Mexico Statutes
§ 44-1-7 — [Defects of form; names of prisoner and custodian.]
New Mexico § 44-1-7
This text of New Mexico § 44-1-7 ([Defects of form; names of prisoner and custodian.]) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.M. Stat. Ann. § 44-1-7 (2026).
Text
Such writ of habeas corpus shall not be disobeyed for any defect of form. It is sufficient: A. if the person having the custody of the prisoner is designated either by his name or office, if he has any, or by his own name, or if both such names are unknown or uncertain, he may be described by any assumed appellation, and any one [anyone] who may be served with the writ, shall be deemed to be the person to whom it is directed, although it is directed to him by a wrong name or description, or to another person; B. if the person who is directed to be produced is designated by name, or if his name is uncertain or unknown, he may be described in any other way so as to designate the person intended.
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Legislative History
Laws 1884, ch. 1, § 7; C.L. 1884, § 2018; C.L. 1897, § 2787; Code 1915, §
Nearby Sections
15
§ 44-1-1
[Who may obtain writ.]§ 44-1-14
[Hearing.]§ 44-1-20
[Decision in other cases.]§ 44-1-22
[Notice of hearing.]Cite This Page — Counsel Stack
Bluebook (online)
New Mexico § 44-1-7, Counsel Stack Legal Research, https://law.counselstack.com/statute/nm/44/44-1-7.