N.M. Stat. § 38-4-2
[Several persons liable on contract, judgment or statute;
parties defendant.]
Where two or more persons are bound by contract or by judgment, decree or
statute, whether jointly only, or jointly or severally, or severally only, and including the
parties to negotiable paper, common orders and checks, and sureties on the same, or
separate instruments, or by any liability growing out of the same, the action thereon
may, at the option of the plaintiff, be brought against any or all of them; when any of
these so bound are dead, the action may be brought against any or all of the survivors
with any or all of the representatives of the decedents, or against any or all such
representatives. An action or judgment against any one or more of several parties jointly
bound, shall not be a bar to proceedings against the others.