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1,151 sections in this chapter.
Neb. Rev. Stat. § 25-2002 District court judgment; proceedings to vacate or modify; summons; waiver of error.
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The proceedings to vacate or modify the judgment or order on the grounds mentioned in subsection (4) of section 25-2001 shall be by complaint, setting forth the judgment or order, the grounds to vacate or modify it, and the defense to the action, if the party applying was defenda…
Neb. Rev. Stat. § 25-2004 District court judgment; grounds for vacation or modification; determination.
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The court may first try and decide upon the grounds to vacate or modify a judgment or order, before trying or deciding upon the validity of the defense or cause of action.
Neb. Rev. Stat. § 25-2005 District court judgment; vacation; existence of valid claim or defense a prerequisite; preservation of liens upon modification.
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A judgment shall not be vacated on motion or complaint, until it is adjudged that there is a valid defense to the action in which the judgment is rendered, or, if the plaintiff seeks its vacation, that there is a valid cause of action; and when a judgment is modified, all liens a…
Neb. Rev. Stat. § 25-2006 District court judgment; proceedings to vacate or modify; injunction.
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The party seeking to vacate or modify a judgment or order, may obtain an injunction suspending proceedings on the whole or part thereof, which injunction may be granted by the court, or any judge thereof, upon its being rendered probable, by affidavit or by exhibition of the reco…
Neb. Rev. Stat. § 25-2007 District court judgment; rendition before action regularly stood for trial; rights of defendant; no showing of valid defense required.
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When the judgment was rendered before the action stood for trial, the suspension may be granted as provided in section 25-2006, although no valid defense to the action is shown; and the court shall make such orders concerning the executions to be issued on the judgment, as shall …
Neb. Rev. Stat. § 25-2008 District court judgment; proceedings to vacate or modify; statute of limitations.
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Proceedings to vacate or modify a judgment or order, for the causes mentioned in subsection (4) of section 25-2001 must be commenced no later than two years after the entry of the judgment or order unless the party entitled thereto is an infant or person of unsound mind, and then…
Neb. Rev. Stat. § 25-2009 Supreme Court, Court of Appeals, and county court judgments; laws applicable.
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The provisions of Chapter 25 shall apply to the Supreme Court, Court of Appeals, and county court, so far as the same may be applicable to the judgments or final orders of such courts. The parties shall be limited to the same time in which to commence proceedings; and in estimati…
Neb. Rev. Stat. § 25-201 Civil actions; when commenced.
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A civil action shall be commenced only within the time prescribed in this chapter, after the cause of action has accrued. Notwithstanding any other provision in this chapter, when an action has been stayed by any court of competent jurisdiction or by statute, such action shall be…
Neb. Rev. Stat. § 25-201.01 Civil actions; savings clause; conditions.
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(1) If an action is commenced within the time prescribed by the applicable statute of limitations but the plaintiff fails in the action for a reason other than a reason specified in subsection (2) of this section and the applicable statute of limitations would prevent the plainti…
Neb. Rev. Stat. § 25-201.02 Amendment of pleading; effect.
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(1) An amendment of a pleading that does not change the party or the name of the party against whom the claim is asserted relates back to the date of the original pleading if the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrenc…
Neb. Rev. Stat. § 25-202 Actions for the recovery of title or possession of real estate or foreclosure of mortgages or deeds of trust as mortgages.
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(1) An action for the recovery of the title or possession of lands, tenements, or hereditaments, or for the foreclosure of mortgages or the foreclosure of deeds of trust as mortgages thereon, can only be brought within ten years after the cause of action accrues. No limitation sh…
Neb. Rev. Stat. § 25-203 Actions for forcible entry and detainer of real property.
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An action for the forcible entry and detainer, or forcible detainer only, of real property, can only be brought within one year after the cause of such action shall have accrued.
Neb. Rev. Stat. § 25-204 Actions other than for the recovery of real property.
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Civil actions, other than for the recovery of real property, can only be brought within the following periods, after the cause of action shall have accrued.
Neb. Rev. Stat. § 25-205 Actions on written contracts, on foreign judgments, or to recover collateral.
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(1) Except as provided in subsection (2) of this section, an action upon a specialty, or any agreement, contract, or promise in writing, or foreign judgment, can only be brought within five years. No action at law or equity may be brought or maintained attacking the validity or e…
Neb. Rev. Stat. § 25-206 Actions on oral contracts or statutory liabilities.
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An action upon a contract, not in writing, expressed or implied, or an action upon a liability created by statute, other than a forfeiture or penalty, can only be brought within four years.
Neb. Rev. Stat. § 25-207 Actions for trespass, conversion, other torts, and frauds; exceptions.
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The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the righ…
Neb. Rev. Stat. § 25-208 Actions for libel, slander, malpractice, and recovery of tax.
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The following actions can only be brought within the periods stated in this section: Within one year, an action for libel or slander; and within two years, an action for malpractice which is not otherwise specifically limited by statute. In the absence of any other shorter applic…
Neb. Rev. Stat. § 25-209 Actions on official or judicial bonds.
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An action upon the official bond or undertaking of an executor, administrator, guardian, sheriff, or any other officer, or upon the bond or undertaking given in attachment, injunction, or in any case whatever required by statute can only be brought within ten years.
Neb. Rev. Stat. § 25-21,100 Partition in kind; how made.
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When partition is deemed proper the referee or referees must make out the shares by visible monuments, and may employ a competent surveyor and the necessary assistants to aid them.
Neb. Rev. Stat. § 25-21,101 Partition; report of referees; form; contents.
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The report of the referee or referees must be in writing signed by at least two of them where more than one has been appointed. It must describe the respective shares with reasonable particularity, and be accompanied by a plat of the premises.
Neb. Rev. Stat. § 25-21,102 Shares drawn by lot, when.
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Unless the shares are allotted to their respective owners by the referee or referees as hereinbefore contemplated, the clerk shall number the shares and then draw the names of the future owners by lot.
Neb. Rev. Stat. § 25-21,103 Partition in part; remaining portion; sale.
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When partition can be conveniently made of part of the premises, but not of all, one portion may be partitioned and the other sold as hereinafter provided.
Neb. Rev. Stat. § 25-21,104 Partition; report of referees set aside, when; rereference.
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On good cause shown, the report may be set aside and the matter again referred to the same or other referee or referees.
Neb. Rev. Stat. § 25-21,105 Confirmation of report of referees; judgment.
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Upon report of the referee or referees being confirmed, judgment thereon shall be rendered that the partition be firm and effectual forever.
Neb. Rev. Stat. § 25-21,106 Service of process; parties bound by proceedings.
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The defendants may be served in the same manner as in ordinary civil action by summons, or by publication as provided in this code, and when all the parties in interest have been duly served, any of the proceedings herein prescribed shall be binding and conclusive upon them all. …
Neb. Rev. Stat. § 25-21,107 Judgment of partition; effect.
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The judgment of partition shall be presumptive evidence of title in all cases, and as between the parties themselves it is conclusive evidence thereof, subject, however, to be defeated by proof of a title paramount to, or independent of, that under which the parties held as joint…
Neb. Rev. Stat. § 25-21,108 Partition; proceedings; fees and costs; awarded, when; division.
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If, in the proceedings in partition, judgment shall be entered directing partition, as provided in section 25-2179, the court shall, after partition or after the confirmation of the sale and the conveyance by the referee, determine a reasonable amount of attorney's fees to be awa…
Neb. Rev. Stat. § 25-21,109 Default of owner; right of encumbrancers to appear.
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Any persons claiming to hold an encumbrance upon any portion of the property involved in the suit, may, in default of the owner, appear and act as his representative in any of the proceedings under sections 25-2170 to 25-21,111.
Neb. Rev. Stat. § 25-21,110 Holders of contingent interests; rights; joinder in action.
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Persons having contingent interests in such property may be made parties to the proceedings, and the proceeds of the property so situated (or the property itself, in case of partition) shall be subject to the order of the court until the right becomes fully vested.
Neb. Rev. Stat. § 25-21,111 Share of absent owner; how conserved.
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The ascertained share of any absent owner shall be retained, or the proceeds invested for his benefit.
Neb. Rev. Stat. § 25-21,112 Scope of relief.
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An action may be brought and prosecuted to final decree, judgment or order, by any person or persons, whether in actual possession or not, claiming title to, or an estate in real estate against any person or persons who claim, or apparently have an adverse estate or interest ther…
Neb. Rev. Stat. § 25-21,113 Parties as defendants; how designated; effect of decree.
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In all actions to establish or quiet title to an estate in real estate, all persons in whose favor any interest, right, title, estate in, or lien upon such real estate appears of record shall be made defendants by the names by which they are designated on the record. When it is a…
Neb. Rev. Stat. § 25-21,114 Persons, defined.
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The word persons as used in sections 25-21,112 to 25-21,120 includes natural and artificial persons.
Neb. Rev. Stat. § 25-21,115 Adverse claims; liens of record; how pleaded.
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It shall be sufficient to allege generally in the complaint that the defendants claim or appear to have some interest in, right or title to, or lien upon the real estate or a part thereof; and it is not necessary to allege the nature of any adverse claim or that the value of plai…
Neb. Rev. Stat. § 25-21,116 Unenforceable liens; title quieted without offer to redeem.
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When any lien or apparent lien on any real estate shall not be enforceable by reason of lapse of time, the owner of such real estate shall be entitled to have his title thereto quieted against such unenforceable lien or apparent lien without redeeming or offering to redeem theref…
Neb. Rev. Stat. § 25-21,117 Remaindermen; reversioners; rights and benefits.
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Any person or persons having an interest in remainder or reversion in real estate shall be entitled to all the rights and benefits of sections 25-21,112 to 25-21,120.
Neb. Rev. Stat. § 25-21,118 Service of process.
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Defendants may be served as in other civil actions.
Neb. Rev. Stat. § 25-21,119 Costs.
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If the defendant, or any one of several defendants, shall appear and disclaim all title, lien, and interest adverse to the plaintiff, such defendant shall recover costs. In other cases the costs shall abide the final decree, judgment or order in the action.
Neb. Rev. Stat. § 25-21,120 Trial; appeal.
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The court shall try such cause in like manner as other equitable actions and shall enter therein such orders and decrees as the parties may be entitled to. Appeals from final orders may be had as in other actions.
Neb. Rev. Stat. § 25-21,121 Quo warranto; action; against whom brought.
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An information may be filed against any person unlawfully holding or exercising any public office or franchise within this state, or any office in any corporation created by the laws of this state, or when any public officer has done or suffered any act which works a forfeiture o…
Neb. Rev. Stat. § 25-21,122 Quo warranto; action; by whom brought; bond, when; conditions.
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Such information may be filed by the Attorney General or by the county attorney of the proper county whenever either of such officers deems it his duty so to do, except that the county attorney shall not have authority to file such information against any state officer or a judge…
Neb. Rev. Stat. § 25-21,123 Duty of Attorney General or county attorney to bring quo warranto action; when.
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The Attorney General or the county attorney of the proper county must file such information when directed to do so by the Governor, the Legislative Assembly, or the district court.
Neb. Rev. Stat. § 25-21,124 Information; contents.
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Such information shall consist of a plain statement of the facts which constitute the grounds of the proceeding, addressed to the court, which shall stand for an original complaint.
Neb. Rev. Stat. § 25-21,125 Summons.
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Such statement shall be filed in the clerk's office, and summons issued and served in the same manner as hereinbefore provided for the commencement of actions in the district court.
Neb. Rev. Stat. § 25-21,126 Answer.
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The defendant shall appear and answer such information in the usual way, and issue being joined it shall be tried in the ordinary manner.
Neb. Rev. Stat. § 25-21,127 Action by claimant against incumbent of office; information; trial.
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When the defendant is holding an office to which another is claiming the right, the information should set forth the name of such claimant, and the trial must, if practicable, determine the rights of the contesting parties.
Neb. Rev. Stat. § 25-21,128 Action by claimant against incumbent of office; judgment for plaintiff; effect.
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If judgment is rendered in favor of such claimant, he shall proceed to exercise the functions of the office, after he has qualified as required by law.
Neb. Rev. Stat. § 25-21,129 Action by claimant against incumbent of office; judgment for plaintiff; delivery of books and papers.
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The court, after such judgment, shall order the defendant to deliver over all books and papers in his custody or under his control belonging to said office.
Neb. Rev. Stat. § 25-21,130 Action by claimant against incumbent of office; judgment for plaintiff; suit for damages by claimant.
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When judgment has been rendered in favor of the claimant, the claimant may at any time within one year after the entry of the judgment bring suit against the defendant and recover the damages the claimant has sustained by reason of the act of the defendant.
Neb. Rev. Stat. § 25-21,131 Action against several claimants of office or franchise.
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When several persons claim to be entitled to the same office or franchise, an information may be filed against all or any portion thereof, in order to try their respective rights thereto.