N.M. Stat. § 44-5-7 (2026)

Any matter of defense, under this chapter [44-5-1 to 44-5-14 NMSA 1978], may be
specially pleaded, or given in evidence, under the general issue.

History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 7; C.L. 1884, § 2296; C.L. 1897, §
3205; Code 1915, § 2513; C.S. 1929, § 58-107; 1941 Comp., § 25-1007; 1953 Comp., §
22-10-7.

                                    ANNOTATIONS

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.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling §§ 257, 258.

38 C.J.S. Gaming § 63.
44-5-8. [Suit before magistrate; interrogatories to defendant.]
    In all suits, under this chapter [44-5-1 to 44-5-14 NMSA 1978], before a justice of the
peace [magistrate], the plaintiff may call in the defendant to answer, on oath, any
interrogatory touching the case, and if the defendant refuse to answer, the same shall
be taken as confessed.

History: Laws 1856-1857, p. 36; C.L. 1865, ch. 36, § 8; C.L. 1884, § 2297; C.L. 1897, §
3206; Code 1915, § 2514; C.S. 1929, § 58-108; 1941 Comp., § 25-1008; 1953 Comp., §
22-10-8.

                                     ANNOTATIONS

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.

Laws 1968, ch. 62, § 40, abolishes the office of justice of the peace and provides that
whenever the term "justice of the peace" occurs in the laws it shall be construed to refer
to the magistrate court. See 35-1-38 NMSA 1978.