Chapter 25, COURTS; CIVIL PROCEDURE
1,151 sections in this chapter.
Neb. Rev. Stat. § 25-1032 Attachment; judgment for defendant; effect; return of property or proceeds.
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If judgment is rendered in the action for the defendant, the attachment shall be discharged, and the property attached, or its proceeds, shall be returned to him.
Neb. Rev. Stat. § 25-1033 Attachment; judgment for plaintiff; how satisfied; return of surplus.
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If judgment is rendered for the plaintiff, it shall be satisfied as follows: So much of the property remaining in the hands of the officer, after applying the money arising from the sale of perishable property, and so much of the personal property and lands and tenements, if any,…
Neb. Rev. Stat. § 25-1034 Attached property; delivery to sheriff; power of court to compel.
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The court may compel the delivery to the sheriff, for sale, of any of the attached property for which an undertaking may have been given, and may proceed summarily on such undertaking to enforce the delivery of the property or the payment of such sum as may be due upon the undert…
Neb. Rev. Stat. § 25-1035 Attached property out of sheriff's possession; repossession; power of court to order.
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The court may order the sheriff to repossess himself, for the purpose of selling it, of any of the attached property which may have passed out of his hands without having been sold or converted into money; and the sheriff shall, under such order, have the same power to take the p…
Neb. Rev. Stat. § 25-1036 Attachment; intervening claimants; proceeding to ascertain title.
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If personal property which has been attached be claimed by any person other than the defendant, it shall be the duty of the officer to have the validity of such claim tried, and such proceedings must be had thereon, with the like effect, as in case the property had been seized up…
Neb. Rev. Stat. § 25-1037 Several attachments; same property; reference.
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Where several attachments are executed on the same property, or the same persons are made garnishees, the court, on the motion of any of the plaintiffs, may order a reference to ascertain and report the amounts and priorities of the several attachments.
Neb. Rev. Stat. § 25-1039 Attachment; additional security; right of defendant to require.
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The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if, on such motion, the court is satisfied that the surety in the plaintiff's undertaking has removed from this state…
Neb. Rev. Stat. § 25-1040 Attachment; motion to discharge; right of defendant.
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The defendant may, at any time before judgment, upon reasonable notice to the plaintiff, move to discharge an attachment, as to the whole or part of the property attached.
Neb. Rev. Stat. § 25-1041 Attachment; motion to discharge; evidence.
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The hearing of the motion to discharge shall be a trial of the issue of the existence, at the time of the issuance of the order, of one or more of the grounds of attachment listed in section 25-1001, as alleged in the affidavits under section 25-1002. The court shall discharge an…
Neb. Rev. Stat. § 25-1042 Attachment; county court; procedure.
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Sections 25-1039 to 25-1041 shall apply to actions before county courts.
Neb. Rev. Stat. § 25-1043 Attachment of lands in another county; copy to be filed with register of deeds.
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Whenever an attachment shall issue to any other county than the one in which the action is brought, and any lands shall be attached by virtue thereof, it shall be the duty of the officer attaching such property to make out a true copy of the order of attachment, and file the same…
Neb. Rev. Stat. § 25-1044 Attachment of lands in another county; writ and certificate; recording constitutes notice.
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It shall be the duty of the register of deeds of the county, when the copy of the order of attachment has been filed as provided in section 25-1043, to record the same in the miscellaneous record, together with the certificate of the officers heretofore mentioned, and such copy o…
Neb. Rev. Stat. § 25-1045 Attachment; discharge; duty of clerk to certify; duty of register of deeds to record.
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If the order of attachment is discharged it shall be the duty of the clerk of the court in which the action is brought to certify that fact, together with the time when the order was discharged, to the register of deeds in whose office the copy of the order has been recorded as a…
Neb. Rev. Stat. § 25-1046 Attachment; copy of order; taxation as costs.
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The officer, for making out said copy of the same, shall receive such compensation as is now allowed by law for similar services, to be taxed in the costs, unless otherwise ordered by the court.
Neb. Rev. Stat. § 25-1047 Attachment; order of discharge; when and how superseded.
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When an order is made discharging an attachment and any party affected thereby shall except to such order, the court or judge shall thereupon fix a time, not exceeding twenty days thereafter, within which such party may file his petition in error or perfect an appeal from such or…
Neb. Rev. Stat. § 25-1048 Attachment; order of discharge; appeal; original action unaffected.
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The original action shall proceed to trial and judgment in every other respect as though no writ of error has been prosecuted.
Neb. Rev. Stat. § 25-1049 Attachment; claims not due; action authorized; when.
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A creditor may bring an action on a claim before it is due and have an attachment against the property of the debtor (1) where a debtor has sold, conveyed, or otherwise disposed of his property, with the fraudulent intent to cheat or defraud his creditors, or to hinder or delay t…
Neb. Rev. Stat. § 25-1050 Attachment; claims not due; procedure; affidavit required.
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The attachment authorized by section 25-1049 may be granted by the court in which the action is brought, or by a judge thereof, or by the county judge of the county; but before such action shall be brought or such attachment shall be granted, an affidavit or affidavits shall be p…
Neb. Rev. Stat. § 25-1051 Attachment order in actions on claims not due; refusal requires dismissal of action.
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If the court or judge refuse to grant an order of attachment as provided in sections 25-1049 and 25-1050, the action shall be dismissed, but without prejudice to a future action; and in all such actions application for an attachment must be made.
Neb. Rev. Stat. § 25-1052 Attachment order in actions on claims not due; amount; specification.
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The order of the court or judge granting the attachment shall specify the amount for which it is allowed, not exceeding a sum sufficient to satisfy the plaintiff's claim and the probable costs of the action.
Neb. Rev. Stat. § 25-1054 Attachment in actions on claims not due; judgment; when rendered.
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The plaintiff in such action shall not have judgment on his claim before it becomes due, and the proceedings on attachment may be conducted without delay.
Neb. Rev. Stat. § 25-1055 Attachment in actions on claims not due; procedure in general.
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The proceedings under general attachment provided for in sections 25-1004 to 25-1041, so far as they are applicable, shall regulate the attachments authorized on claims before due.
Neb. Rev. Stat. § 25-1056 Garnishment in aid of execution; when issued; procedure; continuing lien; when invalid; priority; financial institution; service of process; designated location; Department of Banking and Finance; immunity.
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(1) In all cases when a judgment has been entered by any court of record and the judgment creditor or his or her agent or attorney has filed an affidavit setting forth the amount due on the judgment, interest, and costs in the office of the clerk of the court where the judgment h…
Neb. Rev. Stat. § 25-1062 Injunction, defined.
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The injunction provided by this code is a command to refrain from a particular act. It may be the final judgment in an action or may be allowed as a provisional remedy, subject to the provisions of sections 25-1062 to 25-1080, and when so allowed it shall be by order. The writ of…
Neb. Rev. Stat. § 25-1062.01 Chief Water Officer, defined; notice to appropriator; how given.
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(1) As used in this section and in sections 25-1064, 25-2159, and 25-2160, Chief Water Officer means the Chief Water Officer of the Department of Water, Energy, and Environment, State of Nebraska, his or her successor in office, or any agent, servant, employee, or officer of the …
Neb. Rev. Stat. § 25-1063 Temporary injunction; issuance; grounds.
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When it appears by the complaint that the plaintiff is entitled to the relief demanded, and such relief or any part thereof consists in restraining the commission or continuance of some act, the commission or continuance of which during the litigation would produce great or irrep…
Neb. Rev. Stat. § 25-1064 Temporary injunctions and restraining orders; courts and judges empowered to issue; conditions; temporary restraining order granted without notice; requirements; actions involving irrigation water; notice, how given.
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(1) The injunction may be granted at the time of commencing the action or at any time afterward before judgment by the Court of Appeals or the Supreme Court or any judge thereof. No restraining order or temporary injunction should be granted at the time of the commencement of the…
Neb. Rev. Stat. § 25-1064.01 Order granting an injunction; restraining order; requirements.
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Every order granting an injunction and every restraining order shall: (1) Set forth the reasons for its issuance; (2) be specific in terms; (3) describe in reasonable detail, and not by reference to the pleading or other document, the act or acts sought to be restrained; and (4) …
Neb. Rev. Stat. § 25-1064.02 Sections, how construed.
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Sections 25-1062.01 and 25-1064 to 25-1064.02 shall in no way limit a person's right to an injunction or temporary restraining order if such remedies are specifically authorized by statute.
Neb. Rev. Stat. § 25-1067 Injunctions; security.
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No injunction, unless provided by special statute, shall operate until the party obtaining the same shall give an undertaking, executed by one or more sufficient sureties, who shall justify as provided in sections 25-2222 and 25-2223. The undertaking shall be approved by the cler…
Neb. Rev. Stat. § 25-1068 Service of order of injunction; when not required.
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The order of injunction shall be addressed to the party enjoined, shall state the injunction, and shall be issued by the clerk. Where the injunction is allowed at the commencement of the action, the clerk shall endorse upon the summons injunction allowed, and it shall not be nece…
Neb. Rev. Stat. § 25-1069 Service of order; return.
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Where the injunction is allowed during litigation and without notice of the application therefor, the order of injunction shall be issued, and the sheriff shall forthwith serve the same upon each party enjoined, in the manner prescribed for serving a summons, and make return ther…
Neb. Rev. Stat. § 25-1070 Injunctions; when binding.
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An injunction binds the party from the time he has notice thereof and the undertaking required of the applicant therefor is executed.
Neb. Rev. Stat. § 25-1071 Injunctions not granted; when.
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No injunction shall be granted by a judge, after a motion therefor has been overruled on the merits of the application by this court; and where it has been refused by the court in which the action is brought, or a judge thereof, it shall not be granted to the same applicant by a …
Neb. Rev. Stat. § 25-1072 Enforcement; disobedience; punishment.
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An injunction granted by a judge may be enforced as the act of the court. Disobedience of an injunction may be punished as a contempt by the court, or by any judge who might have granted it in vacation. An attachment may be issued by the court or judge, upon being satisfied by af…
Neb. Rev. Stat. § 25-1073 Motion for additional security; vacation.
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A party enjoined may, at any time before judgment, upon reasonable notice to the party who has obtained the injunction, move the court for additional security; and if it appears that the surety in the undertaking has removed from the state, or is insufficient, the court may vacat…
Neb. Rev. Stat. § 25-1074 Hearings; affidavits.
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On the hearing of an application for an injunction, each party may read affidavits. All affidavits shall be filed.
Neb. Rev. Stat. § 25-1075 Injunction without notice; vacation; modification; notice.
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If the injunction is granted without notice, the defendant, at any time before the trial, may apply, upon notice, to the court in which the action is brought or any judge thereof, to vacate or modify the same. The application may be made upon the complaint or petition and affidav…
Neb. Rev. Stat. § 25-1076 Injunction without notice; showing and counter-showing; affidavits.
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If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to that on which the injunction was granted.
Neb. Rev. Stat. § 25-1077 Counterclaim; injunction upon.
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A defendant may obtain an injunction upon an answer in the nature of a counterclaim. He shall proceed in the manner prescribed in sections 25-1062 to 25-1080.
Neb. Rev. Stat. § 25-1078 Temporary injunction; modification; dissolution; supersedeas bond.
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In case of the dissolution or modification by any court, or any judge at chambers, of any temporary order of injunction which has been or may hereafter be granted, the court or judge so dissolving or modifying said order of injunction shall, at the same time, fix a reasonable sum…
Neb. Rev. Stat. § 25-1079 Temporary injunction; modification; dissolution; supersedeas bond; when executed; form; contents.
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Such supersedeas bond shall be executed on or before twenty days from the time of the order dissolving or modifying such injunction, shall be signed by one or more sufficient sureties to be approved by the clerk of the court, and shall be conditioned that the party or parties who…
Neb. Rev. Stat. § 25-1080 Temporary injunction; modification; dissolution; supersedeas bond; effect.
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Such supersedeas bond shall stay the doing of the act or acts sought to be restrained by the suit, and continue such injunction in force until the case is heard and finally determined by the judgment, decree or final order of the court in term time.
Neb. Rev. Stat. § 25-1081 Appointment of receiver; grounds.
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A receiver may be appointed by the district court (1) in an action by a vendor to vacate a fraudulent purchase of property, by a creditor to subject any property or fund to his or her claim, or between partners, limited liability company members, or others jointly owning or inter…
Neb. Rev. Stat. § 25-1082 Notice of application for appointment; service.
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No receiver shall be appointed except in a suit actually commenced and pending, and after notice to all parties to be affected thereby, of the time and place of the application, the names of the proposed receiver, and of his or her proposed sureties, and of the proposed sureties …
Neb. Rev. Stat. § 25-1083 Property; possession by sheriff; when authorized; restitution.
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Should the delay occasioned by the giving of the notice provided for in section 25-1082 be hazardous to the rights of any party, the court or judge may, by order, direct the sheriff of the county in which such action is pending to take temporary possession of the property, and sh…
Neb. Rev. Stat. § 25-1084 Applicants for receiver; bonds required; contents; filing.
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Every order appointing a receiver shall require the applicant to give a good and sufficient bond, conditioned to pay all damages which the other parties to the suit or any of them may sustain by reason of the appointment of a receiver, in case it shall be finally decided that the…
Neb. Rev. Stat. § 25-1085 Application; form; content.
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If a complainant desires the appointment of a receiver at the commencement of the action, the complainant shall request such appointment in the complaint. If the occasion for a receiver arises while the suit is pending, the application shall be made by a motion setting forth the …
Neb. Rev. Stat. § 25-1086 Qualifications of receiver; sureties; objections; nomination by other parties.
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Any party to the suit may, upon the hearing of the application, show, by affidavit or otherwise, objections to the proposed sureties and to the proposed receiver, and what is the value of the property to be taken possession of, and that a receiver ought not to be appointed. He ma…
Neb. Rev. Stat. § 25-1087 Order of appointment; special directions.
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Every order appointing a receiver shall contain special directions in respect to his powers and duties, and upon application of any party to the suit, after due notice thereof, such further directions may be made in that behalf by the court or judge as may in the further progress…