New Mexico Territorial Laws and Treaties NM TERR LAWS KEARNY CODE CT & J POWERS § 42

If the plaintiff fail to appear before the alcalde, at the time and place mentioned in the summons, the alcalde shall dismiss his suit, and enter judgment for costs against him, unless his suit be founded upon a bond or not  1, in which case the cause shall proceed in the same manner, and with a like effect as though the plaintiff were personally present.