Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-1405 Death of party; cessation of powers of personal representative; right of action surviving to or against successor; revivor.
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Where one of the parties to an action dies, or his powers as a personal representative cease, before the judgment, if the right of action survives in favor of or against his representatives or successor, the action may be revived, and proceed in their names.
Neb. Rev. Stat. § 25-1406 Revivor; procedure; conditional order.
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The revivor shall be, by a conditional order of the court if made in term, or by a judge thereof if made in vacation, that the action be revived in the names of the representatives or successor of the party who died, or whose powers ceased; and proceed in favor of or against them…
Neb. Rev. Stat. § 25-1407 Revivor; procedure; motion.
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The order may be made on the motion of the adverse party, or of the representatives or successor of the party who died, or whose powers ceased, suggesting his death or the cessation of his powers, which, with the names and capacities of his representatives or successor, shall be …
Neb. Rev. Stat. § 25-1408 Revivor; procedure; service of order; order by consent.
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If the order is made by consent of the parties, the action shall forthwith stand revived; and if not made by consent, the order shall be served in the same manner, and returned within the same time, as a summons, upon the party adverse to the one making the motion, and if suffici…
Neb. Rev. Stat. § 25-1409 Revivor; procedure; service of order by publication.
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When the plaintiff shall make an affidavit, that the representatives of the defendant, or any of them, in whose name the action may be ordered to be revived, are nonresidents of the state, or have left the same to avoid the service of the order, or so concealed themselves that th…
Neb. Rev. Stat. § 25-1410 Death of plaintiff; in whose name action revived.
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Upon the death of the plaintiff in an action, it may be revived in the names of his representatives, to whom his right has passed. Where his right has passed to his personal representative, the revivor shall be in his name; where it has passed to his heirs or devisees, who could …
Neb. Rev. Stat. § 25-1411 Death of defendant; against whom action revived.
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Upon the death of a defendant in an action, wherein the right, or any part thereof, survives against his personal representative, the revivor shall be against him; and it may also be against the heirs or devisees of the defendant, or both, when the right of action, or any part th…
Neb. Rev. Stat. § 25-1412 Death of defendant in actions to recover real property; against whom action revived.
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Upon the death of a defendant in an action for the recovery of real property only, or which concerns only his rights or claims to such property, the action may be revived against his heirs or devisees, or both, and an order therefor may be forthwith made in the manner directed in…
Neb. Rev. Stat. § 25-1413 Revivor as to defendant; time; limitation.
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An order to revive an action against the representatives or successor of a defendant shall not be made without the consent of such representatives or successor, unless in one year from the time it could have been first made.
Neb. Rev. Stat. § 25-1414 Revivor as to plaintiff; time; limitation; revivor as to both parties.
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An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith, but shall not be made without the consent of the defendant, after the expiration of one year from the time the order might have been first made; but where the defen…
Neb. Rev. Stat. § 25-1415 Abatement of actions by death or cessation of powers of representative; duty of court.
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When it appears to the court by affidavit that either party to an action has been dead, or where a party sues or is sued as a personal representative, that his or her powers have ceased for a period so long that the action cannot be revived in the names of his or her representati…
Neb. Rev. Stat. § 25-1416 Death of plaintiff; right of defendant to compel revivor.
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At any term of the court succeeding the death of the plaintiff, while the action remains on the trial docket, the defendant, having given to the plaintiff's proper representatives in whose names the action might be revived ten days' notice of the application therefor, may have an…
Neb. Rev. Stat. § 25-1417 Revived action; when tried.
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When, by the provisions of sections 25-1405 to 25-1416, an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had no death or cessation of powers taken place.
Neb. Rev. Stat. § 25-1418 Joint debtors not originally summoned made judgment debtors.
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When a judgment is recovered against one or more persons jointly indebted upon contract, those who were not originally summoned may be made parties to the judgment by action.
Neb. Rev. Stat. § 25-1419 Death of parties after judgment; revivor in name of representatives of deceased.
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If either or both the parties die after judgment, and before satisfaction thereof, their representatives, real or personal, or both, as the case may require, may be made parties to the same, in the same manner as is prescribed for reviving actions before judgment; and such judgme…
Neb. Rev. Stat. § 25-1420 Dormant judgment; revivor; time limitation.
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If a judgment becomes dormant, it may be revived in the same manner as is prescribed for reviving actions before judgment; Provided, no judgment shall be revived unless action to revive the same be commenced within ten years after such judgment became dormant.
Repealed. Laws 1993, LB 458, § 15.
Neb. Rev. Stat. § 25-1501 Executions; by whom issued; how directed.
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Executions shall be deemed process of the court, and shall be issued by the clerk and directed to the sheriff of the county. They may be directed to different counties at the same time.
Neb. Rev. Stat. § 25-1501.01 District court judgment; execution issued to any county in state; procedure; lien on real estate; procedure.
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Any person having a judgment rendered by a district court may request the clerk of such court to issue execution on the judgment in the same manner as execution is issued upon other judgments rendered in the district court and direct the execution on the judgment to any county in…
Neb. Rev. Stat. § 25-1502 Kinds of executions.
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Executions are of two kinds: (1) Against the property of the judgment debtor, and (2) for delivery of the possession of real property with damages for withholding the same and costs.
Neb. Rev. Stat. § 25-1503 Property subject to levy and sale.
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Lands, tenements, goods and chattels, not exempt by law, shall be subject to the payment of debts, and shall be liable to be taken on execution and sold as hereinafter provided.
Neb. Rev. Stat. § 25-1504 Lien of judgment; when attaches; lands within county where entered; other lands; chattels.
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The lands and tenements of the debtor within the county where the judgment is entered shall be bound for the satisfaction thereof only from the day on which such judgments are rendered. All other lands, as well as goods and chattels of the debtor, shall be bound from the time the…
Neb. Rev. Stat. § 25-1505 Stay of execution; maximum period.
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No stay of execution or order of sale upon any judgment or decree shall be granted for a longer time than nine months after the entry of such judgment or decree.
Neb. Rev. Stat. § 25-1506 Order of sale of mortgaged premises; how stayed; length of stay.
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The order of sale on all decrees for the sale of mortgaged premises shall be stayed for the period of nine months after the entry of such decree, whenever the defendant shall, within twenty days after the entry of such decree, file with the clerk of the court a written request fo…
Neb. Rev. Stat. § 25-1507 Execution; how stayed.
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On all judgments for the recovery of money only, except those rendered in any court on an appeal or writ of error thereto or against any officer or person or corporation, or the sureties of any of them, for money received in a fiduciary capacity, or for the breach of any official…
Neb. Rev. Stat. § 25-1508 Stay bonds; approval; justification of sureties.
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Officers approving stay bonds shall require the affidavits of the signers of such bonds that they own real estate not exempt from execution, and aside from encumbrance, to the value of twice the amount of the judgment.
Neb. Rev. Stat. § 25-1509 Stay of execution; surety on stay bond excepted; no appeal after stay.
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No proceedings in errors or appeal shall be allowed after such stay has been taken, nor shall a stay be taken on a judgment entered as herein contemplated, against one who is surety in the stay of execution.
Neb. Rev. Stat. § 25-1510 Stay of execution; sureties; approval; bond tantamount to judgment confessed.
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The sureties for the stay of execution may be taken and approved by the clerk, the bond shall be recorded on the register of actions and have the force and effect of a judgment confessed from the date thereof against the property of the sureties, and the clerk shall enter such su…
Neb. Rev. Stat. § 25-1511 Stay of execution; recall of writ; duties of clerk and sheriff.
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When the surety is entered after execution issued, the clerk shall immediately notify the sheriff of the stay, and he shall forthwith return the execution, with his doings thereon.
Neb. Rev. Stat. § 25-1512 Stay of execution; property and undertakings relinquished.
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All property levied on before stay of execution, and all written undertakings for the delivery of personal property to the sheriff, shall be relinquished by the officer upon stay of execution being entered.
Neb. Rev. Stat. § 25-1513 Stay of execution; expiration; writ to issue; duty of clerk.
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At the expiration of the stay the clerk shall issue a joint execution against the property of all the judgment debtors and sureties, describing them as debtors or sureties therein.
Neb. Rev. Stat. § 25-1514 Stay of execution; judgment liens not released.
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Where a stay of execution has been taken, such confessed judgment shall not release any judgment lien by virtue of the original judgment for the amount then due. The officer holding the execution shall return thereon what amount was made from the principal debtor, and how much fr…
Neb. Rev. Stat. § 25-1515 Judgment; when dormant.
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If execution is not sued out within five years after the date of entry of any judgment that now is or may hereafter be rendered in any court of record in this state, or if five years have intervened between the date of the last execution issued on such judgment and the time of su…
Neb. Rev. Stat. § 25-1516 Writ of execution; levy on real property; when; service upon debtor; procedure; State Court Administrator; duties; claim of exemption; hearing; valuation of motor vehicle.
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(1) The writ of execution against the property of the debtor issuing from any court of record in this state shall command the officer to whom it is directed that of the goods and chattels of the debtor he or she cause to be made the money specified in the writ, and for want of go…
Neb. Rev. Stat. § 25-1517 Several writs of execution; preference.
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When two or more writs of execution against the same debtor are delivered to the officer on the same day, no preference shall be given to either of such writs; but if a sufficient sum of money is not made to satisfy all executions, the amount made shall be distributed to the seve…
Neb. Rev. Stat. § 25-1518 Levy of execution.
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The officer to whom a writ of execution is delivered shall proceed immediately to levy the same upon the goods and chattels of the debtor; but if no goods and chattels can be found, the officer shall endorse on the writ of execution no goods, and forthwith levy the writ of execut…
Repealed. Laws 1967, c. 147, § 1, p. 444.
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[Repealed or reserved.]
Repealed. Laws 1967, c. 147, § 1, p. 444.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1521 Intervening claimants; proceedings to ascertain title.
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If the officer, by virtue of any writ of execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, such officer shall give notice in writing to the court, in which shall be set forth the …
Neb. Rev. Stat. § 25-1522 Intervening claimants; proceedings to ascertain title; procedure; judgment; effect.
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If the court shall find the right to said goods and chattels, or any part thereof, to be in the claimant, the court shall also find the value thereof, and shall render judgment for the claimant, that he recover his costs against the plaintiff in execution, or other party to the s…
Neb. Rev. Stat. § 25-1523 Intervening claimants; proceedings before jury to ascertain title; levy notwithstanding verdict; bond.
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If the jury shall find the property, or any part thereof, to be in the claimant, and the plaintiff in execution shall, at any time within three days after said trial, tender to the sheriff or other officer having such property in his custody on execution, an undertaking, with goo…
Neb. Rev. Stat. § 25-1524 Goods unsold; delivery bond.
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In all cases where a sheriff, coroner, or other officer, shall by virtue of an execution, levy upon any goods and chattels which shall remain upon his hands unsold, for want of bidders, for the want of time to advertise and sell, or any other reasonable cause, the officer may, fo…
Neb. Rev. Stat. § 25-1525 Goods unsold; additional writ; notice of sale.
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The officer who levies upon goods and chattels by virtue of an execution issued by a court of record, before he proceeds to sell the same, shall cause public notice to be given of the time and place of sale. The notice shall be given by publication once in each week for four succ…
Neb. Rev. Stat. § 25-1526 Additional writ; goods unsold insufficient; further levy and sale.
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When any writ shall issue, directing the sale of property previously taken in execution, the officer issuing said writ shall, at the request of the person entitled to the benefit thereof, his agent or attorney, add thereto a command to the officer to whom such writ shall be direc…
Neb. Rev. Stat. § 25-1527 Sale of land; prior sale set aside; readvertisement.
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The officer holding such writ shall immediately advertise and sell said real estate, lands and tenements agreeable to the provisions of this chapter, and shall readvertise and sell the same in case a prior sale has been set aside by the district court or a judge thereof. In case …
Neb. Rev. Stat. § 25-1528 Successive executions or orders of sale; when authorized.
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Successive executions or orders of sale may issue at any time after the return of the officer not sold for want of bidders at the request of the plaintiff or his attorney.
Neb. Rev. Stat. § 25-1529 Sale of land; notice; publication; effect of failure to publish.
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Lands and tenements taken in execution shall not be sold until the officer causes public notice of the time and place of sale to be given. The notice shall be given by publication once each week for four successive weeks in some newspaper printed in the county, or, in case no new…
Neb. Rev. Stat. § 25-1530 Foreclosure; redemption of land from levy and sale; rights of mortgagor; terminated, when.
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(1) The owners of any real estate against which a decree of foreclosure has been rendered in any court of record, or any real estate levied upon to satisfy any judgment or decree of any kind, may redeem the same from the lien of such decree or levy at any time before the sale of …
Neb. Rev. Stat. § 25-1531 Mortgage foreclosure; confirmation of sale; grounds for refusing to confirm; time; motion; notice.
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If the court, upon the return of any writ of execution or order of sale for the satisfaction of which any lands and tenements have been sold, after having carefully examined the proceedings of the officer, is satisfied that the sale has in all respects been made in conformity to …
Neb. Rev. Stat. § 25-1532 Sale upon execution; deed to purchaser.
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The sheriff or other officer who, upon such writ or writs of execution, shall sell lands and tenements, or any part thereof, shall make to the purchaser or purchasers thereof as good and sufficient a deed of conveyance of lands and tenements sold as the person or persons against …