A statement in writing must be made and signed by the defendant and verified by his oath to the following effect, and filed with the clerk:

1. A. if for money due, or to become due, it must state fully and concisely the facts out of which the indebtedness arose, and that the sum confessed therefor is justly due, or to become due, as the case may be;
2. B. if for the purpose of securing the plaintiff against a contingent liability, it must state fully but concisely the facts constituting such liability, and must show that the sum confessed therefor does not exceed the same.

History: Laws 1889, ch. 20, § 3; C.L. 1897, § 3079; Code 1915, § 3073; C.S. 1929, § 76-104; 1941 Comp., § 19-911; 1953 Comp., § 21-9-11.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Evidence to overcome recitals of judgment. — Where judgment had been entered on cognovit note signed by defendant, but ex parte affidavit of county clerk setting forth docket entries in the case did not show filing of note, such facts were insufficient to overcome the recitals of the judgment on motion to set aside the judgment. Hot Springs Nat'l Bank v. Kenney, 1935-NMSC-066, 39 N.M. 428, 48 P.2d 1029.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 46 Am. Jur. 2d Judgments § 237 et seq.

49 C.J.S. Judgments §§ 159, 163, 171.