Chapter 25, COURTS; CIVIL PROCEDURE
1,517 sections in this chapter.
Neb. Rev. Stat. § 25-10 Failure to furnish bond; duty and liability of officer; return of property to defendant.
Neb. Rev. Stat. § 25-10,100 Failure to furnish bond; duty and liability of officer; return of property to defendant.
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If the undertaking required by section 25-1098 is not given within twenty-four hours from the taking of the property under said order, the sheriff or other officer shall return the property to the defendant. If the sheriff or other officer delivers any property so taken to the pl…
Neb. Rev. Stat. § 25-10,101 Bond; objections to sureties; waiver; liability of officer.
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The defendant may, within twenty-four hours from the time the undertaking referred to in section 25-10,100 is given by the plaintiff, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he must be deemed to have waived all objectio…
Neb. Rev. Stat. § 25-10,102 Judgment against plaintiff upon dismissal; failure of plaintiff to prosecute; procedure.
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If the property has been delivered to the plaintiff, and he suffers a voluntary or involuntary dismissal, or if he otherwise fails to prosecute his action to final judgment, the court shall, on application of the defendant or his attorney, impanel a jury to inquire into the right…
Neb. Rev. Stat. § 25-10,103 Verdict for defendant; further findings required; damages.
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In all cases, when the property has been delivered to the plaintiff, where the jury shall find upon issue joined for the defendant, they shall also find whether the defendant had the right of property or the right of possession only, at the commencement of the suit; and if they f…
Neb. Rev. Stat. § 25-10,104 Judgment for defendant; irregularity in process or jurisdictional defect; restoration of status quo.
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(1) The judgment in the cases mentioned in sections 25-10,102 and 25-10,103 shall be for a return of the property or the value thereof in case a return cannot be had, or the value of the possession of the same, and for damages for withholding said property and costs of suit. (2) …
Neb. Rev. Stat. § 25-10,105 Judgment for plaintiff; damages; costs.
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In all cases when the property has been delivered to the plaintiff, where the jury shall find for the plaintiff, on an issue joined, or on inquiry of damages upon a judgment by default, they shall assess adequate damages to the plaintiff for the illegal detention of the property;…
Neb. Rev. Stat. § 25-10,106 Property not taken or returned to defendant; judgment for plaintiff; nature and amount.
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When the property claimed has not been taken, or has been returned to the defendant by the sheriff for want of the undertaking required by section 25-1098, the action may proceed as one for damages only, and the plaintiff shall be entitled to such damages as are right and proper;…
Neb. Rev. Stat. § 25-10,107 Order for delivery of property; directed to other counties; successive orders; taxation of costs.
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An order may be directed to any other county than the one in which the action is brought, for the delivery of the property claimed. Several orders may issue at the same time, or successively, at the option of the plaintiff; but only one of them shall be taxed in the costs, unless…
Neb. Rev. Stat. § 25-10,108 Order of delivery; execution; powers of officer.
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The sheriff or other officer, in the execution of the order of delivery, may break open any building or enclosure in which the property claimed, or any part thereof, is concealed; but not until he has been refused an entrance into said building or enclosure and the delivery of th…
Neb. Rev. Stat. § 25-10,109 Suits on undertakings; when brought.
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No suit shall be instituted on the undertaking given under section 25-1098 before an execution issued on a judgment in favor of the plaintiff or defendant in the action shall have been returned, that sufficient property whereon to levy and make the amount of such judgment cannot …
Neb. Rev. Stat. § 25-10,110 Order for delivery of property; issuance without court order; effect; taxation of costs.
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Any order for the delivery of property issued under section 25-1094 without the order of the court required thereby shall be set aside at the cost of the clerk issuing the same, and such clerk, as well as the plaintiff, shall also be liable in damages to the party injured.
Neb. Rev. Stat. § 25-1001 Attachment; grounds.
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The plaintiff, in a civil action for the recovery of money, may, at or after the commencement thereof, have an attachment against the property of the defendant when the defendant or one of several defendants (1) has absconded with the intent to defraud his or her creditors; (2) h…
Neb. Rev. Stat. § 25-1002 Attachment; affidavit of plaintiff; contents.
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An order of attachment shall be approved by a judge of any district court or county court only after there has been presented to him or her an affidavit or affidavits based upon personal knowledge (1) that the facts set forth in plaintiff's complaint which state a valid cause of …
Neb. Rev. Stat. § 25-1003 Attachment; plaintiff's undertaking; bond; amount.
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(1) The judge to whom the affidavit described in section 25-1002 is presented shall determine the amount of an undertaking the plaintiff shall be required to file. The judge shall also approve the sufficiency of one or more sureties of the plaintiff, unless the plaintiff presents…
Neb. Rev. Stat. § 25-1004 Attachment; order; contents; service; manner.
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The order of attachment shall (1) require the sheriff to attach the lands, tenements, goods, chattels, stocks, or interest in stocks, rights, credits, money, and effects of the defendant in his or her county not exempt by law from being applied to the payment of the plaintiff's c…
Neb. Rev. Stat. § 25-1005 Attachment; several and successive orders; issuance to several counties; costs; taxation.
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Orders of attachment may be issued to the sheriffs of different counties; and several of them may, at the option of the plaintiff, be issued at the same time or in succession; but such only as have been executed shall be taxed in the costs, unless otherwise directed by the court.
Neb. Rev. Stat. § 25-1006 Attachment; order; return day.
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The return day of the order of attachment, when issued at the commencement of the action, shall be the same as that of the summons; when issued afterwards, it shall be twenty days after it issued.
Neb. Rev. Stat. § 25-1007 Attachment; several orders against same defendant; time of service.
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When there are several orders of attachment against the same defendant, they shall be executed in the order in which they are received by the sheriff.
Neb. Rev. Stat. § 25-1008 Attachment; order; execution; inventory; appraisement.
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The order of attachment shall be executed by the sheriff without delay. He shall go to the place where defendant's property may be found, and there, in the presence of two residents of the county, declare that by virtue of said order he attaches said property at the suit of such …
Neb. Rev. Stat. § 25-1009 Attachment or garnishment; delivery of property to defendant or garnishee; conditions.
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(1) The sheriff shall deliver the property attached to the person in whose possession it was found, and property or money seized in garnishment, to the defendant in the attachment proceedings, if the defendant be the true owner thereof, upon the delivery by such person, either to…
Neb. Rev. Stat. § 25-101 Civil action.
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The distinctions between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and in their place there shall be hereafter but one form of action, which shall be called a civil action.
Neb. Rev. Stat. § 25-1010 Attachment; garnishment; affidavit; summons; answer; duties of garnishee; written interrogatories; financial institution; service of process; designated location; Department of Banking and Finance; immunity.
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(1) When an affidavit is filed in a civil action containing the necessary allegations of an affidavit of attachment and in addition allegations that the affiant has good reason to and does believe that any person, partnership, limited liability company, or corporation to be named…
Neb. Rev. Stat. § 25-1011 Garnishment; service upon garnishee; forms; notice; hearing.
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(1) The summons and order of garnishment and the interrogatories in duplicate, a notice to judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for service of a summons in a civil action. (2) The judgment creditor or his o…
Repealed. Laws 1980, LB 597, § 18.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1012.01 Garnishment; public officers and employees.
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All provisions, including provisions for a continuing lien prescribed in section 25-1056, requirements, conditions, and exemptions of the garnishment laws of the State of Nebraska shall apply to all state, county, municipal, municipally owned corporation, township, and school dis…
Neb. Rev. Stat. § 25-1012.02 Garnishment; public officers and employees; procedure; process; answer.
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Such proceedings may be brought against the State of Nebraska or any county, township, municipal corporation, municipally owned corporation, or school district as garnishee defendant, and process shall be served in the manner provided for service of a summons in a civil action, e…
Repealed. Laws 1980, LB 597, § 18.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1014 Several attachments of same property; inventory and appraisement.
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Different attachments of the same property may be made by the same officer, and one inventory and appraisement shall be sufficient, and it shall not be necessary to return the same with more than one order.
Neb. Rev. Stat. § 25-1015 Attached property; subsequent orders; procedure.
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When the property is under attachment, it shall be attached under subsequent orders as follows: (1) If it is real property, it shall be attached in the manner prescribed in section 25-1008; (2) if it is personal property, it shall be attached as in the hands of the officer and su…
Neb. Rev. Stat. § 25-1016 Order of attachment; return; contents.
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The officer shall return upon every order of attachment what he or she has done under it. The return must show when and how the defendant was served, and the property attached and the time it was attached. When garnishees are served, their names and the time each was served must …
Neb. Rev. Stat. § 25-1017 Order of attachment; effect; lien of consignee; interest and other costs; how computed.
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An order of attachment binds the property attached from the time of service, and the garnishee shall stand liable to the plaintiff in attachment for all property, money, and credits in his hands, or due from him to defendant, from the time he is served with the written notice men…
Neb. Rev. Stat. § 25-1018 Attachment; receiver; appointment; oath; bond; accounting.
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The court, or any judge thereof during vacation, may, on the application of the plaintiff and on good cause shown, appoint a receiver, who shall take an oath faithfully to discharge his duty, and shall give an undertaking to the State of Nebraska in such sum as the court or judge…
Neb. Rev. Stat. § 25-1019 Attachment; receiver; powers and duties; actions by.
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Such receiver shall take possession of all notes, due bills, books of account, accounts and all other evidences of debt, that have been taken by the sheriff or other officer as the property of the defendant in attachment, and shall proceed to settle and collect the same. For that…
Neb. Rev. Stat. § 25-102 Parties; how designated.
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In all civil actions, the complaining party shall be known as the plaintiff and the adverse party as the defendant.
Neb. Rev. Stat. § 25-1020 Attachment; receiver; appointment; notice to debtors of defendant in attachment; effect.
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Such receiver shall forthwith give notice of his appointment to the persons indebted to the defendant in attachment. The notice shall be written or printed, and shall be served on the debtor or debtors by copy personally or by copy left at the residence. From the date of such ser…
Neb. Rev. Stat. § 25-1021 Attachment; receiver; reports; custody of property; duties.
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Such receiver shall, when required, report his proceedings to the court, and hold all money collected by him and property which may come into his hands subject to the order of the court.
Neb. Rev. Stat. § 25-1022 Attachment; sheriff; powers when no receiver appointed; bond.
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When a receiver is not appointed by the court or a judge thereof, as provided in section 25-1018, the sheriff or other officer attaching the property shall have all the powers and perform all the duties of a receiver appointed by the court or judge, and may, if necessary, commenc…
Neb. Rev. Stat. § 25-1023 Attached property; preservation; sale; proceeds.
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The court shall make proper orders for the preservation of the property during the pendency of the suit. It may direct the sale of property when, because of its perishable nature or the costs of keeping it, a sale will be for the benefits of the parties. In vacation, such sale ma…
Neb. Rev. Stat. § 25-1024 Attachment; discharge; bond; effect; restitution of property or proceeds.
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(1) If the defendant, or any other person on his or her behalf, at any time before judgment, causes an undertaking to be executed to the plaintiff by one or more sureties resident in the county, to be approved by the court, in the amount of the plaintiff's claim as stated in his …
Neb. Rev. Stat. § 25-1025 Attachment; discharge; bond, how executed.
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The undertaking mentioned in subsection (1) of section 25-1024 may, in vacation, be executed in the presence of the sheriff having the order of attachment in his or her hands, or, after the return of the order, before the clerk, with the same effect as if executed in court, the s…
Neb. Rev. Stat. § 25-1026 Garnishee; answer; interrogatories; filing fee; costs.
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The garnishee shall answer, under oath, all the interrogatories put to him touching the property of every description and credits of the defendant in his possession or under his control at the time of the service of the summons and interrogatories, and he shall disclose truly the…
Neb. Rev. Stat. § 25-1027 Garnishee; payment into court; effect; costs.
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A garnishee may pay the money owing to the defendant by him into court. He shall be discharged from liability to the defendant for any money so paid not exceeding the plaintiff's claim. He shall not be subjected to costs beyond those caused by his resistance of the claim against …
Neb. Rev. Stat. § 25-1028 Garnishee; failure to answer; presumption; judgment.
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If the garnishee fails to answer, as required by section 25-1026, he shall be presumed to be indebted to the defendant in the full amount of the claim of plaintiff. Upon notice to the garnishee given within such time and in such manner as the court shall direct, judgment may be e…
Neb. Rev. Stat. § 25-1029 Garnishment; property; delivery into court; bond in lieu of delivery.
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If the garnishee answers that, at the time of the service of the summons and interrogatories upon him or her, he or she was possessed of any property of the defendant or was indebted to him or her, the court may order the delivery of such property and the payment of the amount ow…
Neb. Rev. Stat. § 25-103 Feigned issues prohibited; issue not plead; tried, when.
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There can be no feigned issues; but a question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried, and such order is the only authority necessary for a trial.
Neb. Rev. Stat. § 25-1030 Garnishee; answer; controvert; allegations; liability; release.
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If the garnishee appears and answers and his or her disclosure is not satisfactory to the plaintiff, or if he or she fails to comply with the order of the court, by delivering the property and paying the money owing into court, or giving the undertaking required in section 25-102…
Neb. Rev. Stat. § 25-1030.01 Garnishee; application; notice; manner of service; corporate garnishee; liability.
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(1) Upon filing an application for determination of liability of the garnishee, the plaintiff shall give the garnishee and the defendant in the original action notice of the filing thereof and of the time and place of trial thereon. Subject to subsections (2) and (3) of this sect…
Neb. Rev. Stat. § 25-1030.02 Garnishee; trial; liability; judgment.
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The trial of the determination of the liability of the garnishee shall be conducted the same as in a civil action. If it shall appear upon the trial of the liability of the garnishee that the garnishee was (1) indebted to the defendant, or (2) had any property or credits of the d…
Neb. Rev. Stat. § 25-1030.03 Garnishment; ownership of property; intervention; trial.
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Any person claiming ownership of any money or property sought to be reached in the possession or under the control of the garnishee as the property of the defendant in the original action may intervene in the garnishment proceedings by a suitable pleading and set up facts showing…