New Mexico Territorial Laws and Treaties NM TERR LAWS KEARNY CODE ATTACHMENT § 16

In all cases when property or effects shall be attached, the defendant may at the court to which the writ is returnable, put in his answer without oath denying the truth of any material fact contained in the affidavit, to which the plaintiff may reply; a trial of the truth of the affidavit shall be had at the same term, and on such trial the plaintiff shall be held to prove the existence of the facts set forth in the affidavit, as the ground of the attachment, and if the issue shall be found for him the cause shall proceed, but if it be found for the defendant the cause shall be dismissed at the costs of the plaintiff.