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1,151 sections in this chapter.
Neb. Rev. Stat. § 25-21,132 Ouster, judgment of; costs.
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If the defendant is found guilty of unlawfully holding or exercising any office, franchise or privilege, or if a corporation is found to have violated the law by which it holds its existence, or in any other manner to have done acts which amount to a surrender or forfeiture of it…
Neb. Rev. Stat. § 25-21,133 Partial ouster, judgment of.
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If the defendant is found to have exercised merely certain individual powers and privileges to which he was not entitled, the judgment shall be the same as above directed, but only in relation to those particulars in which he is thus exceeding the lawful exercise of his rights an…
Neb. Rev. Stat. § 25-21,134 Quo warranto; in whose name brought; costs.
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When an information is upon the relation of a private individual, it shall be so stated in the complaint and proceedings, and such individual shall be responsible for costs in case they are not adjudged against the defendant. In other cases the title of the cause shall be the sam…
Neb. Rev. Stat. § 25-21,135 Judgment against pretended corporation; costs.
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In case judgment is rendered against a pretended, but not real, corporation, the costs may be collected from any person who has been acting as an officer or proprietor of such pretended corporation.
Neb. Rev. Stat. § 25-21,136 Dissolved corporation; trustees; appointment.
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If a corporation is ousted and dissolved by the proceedings herein authorized, the court shall appoint three disinterested persons as trustees of the creditors and stockholders.
Neb. Rev. Stat. § 25-21,137 Dissolved corporation; trustees; bond.
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Such trustees shall enter into bond, in such a penalty and with such security as the court may approve, conditioned for the faithful discharge of their trust.
Neb. Rev. Stat. § 25-21,138 Dissolved corporation; trustees; bond, action upon.
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Suit may be brought on such bond by any person injured by the negligence or wrongful act of the trustees in the discharge of their duties.
Neb. Rev. Stat. § 25-21,139 Dissolved corporation; trustees; duties.
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The trustees shall proceed immediately to collect the debts and pay the liabilities of the corporation, and to divide the surplus among those thereto entitled.
Neb. Rev. Stat. § 25-21,140 Dissolved corporation; books, papers, effects; delivery to trustees; enforcement.
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The court shall, upon an application for that purpose, order any officer of such corporation, or any other person having possession of any of the effects, books, or papers of the corporation in any wise necessary for the settlement of its affairs, to deliver up the same to the tr…
Neb. Rev. Stat. § 25-21,141 Dissolved corporation; trustees; inventory.
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As soon as practicable after their appointment, the trustees shall make and file in the office of the clerk of the court, an inventory of all the effects, rights and credits which come to their possession or knowledge, the truth of which inventory shall be sworn to.
Neb. Rev. Stat. § 25-21,142 Dissolved corporation; trustees; corporate claims and property; duty to sue; liability.
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They shall sue for and recover the debts and property of the corporation, and shall be responsible to the creditors and stockholders, respectively, to the extent of the effects which come to their hands, in the same manner as though they were the executors of a deceased person.
Neb. Rev. Stat. § 25-21,143 Ouster of corporation; liability of officers for misconduct.
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When judgment of ouster is rendered against a corporation on account of the misconduct of the directors or officers thereof, such officers shall be jointly and severally liable to an action by anyone injured thereby.
Neb. Rev. Stat. § 25-21,144 Quo warranto; disobedience of court order; liability; penalty.
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Any person who, without good reason, refuses to obey any order of the court as provided in sections 25-21,121 to 25-21,148 shall be deemed guilty of a contempt of court, and shall be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail until he …
Neb. Rev. Stat. § 25-21,145 Quo warranto; letters patent; annulment; grounds.
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An action of quo warranto may be instituted in the manner contemplated in sections 25-21,121 to 25-21,148, for the purpose of annulling or vacating any letters patent granted by the proper authorities of this state, where there is reason to believe that the same were obtained by …
Neb. Rev. Stat. § 25-21,146 Action by claimant against incumbent of office; condition precedent.
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When any citizen of this state shall claim any office which is usurped, invaded or unlawfully held and exercised by another, the person so claiming such office shall have the right to file in the district court an information in the nature of a quo warranto, upon his own relation…
Neb. Rev. Stat. § 25-21,147 Public officers; malfeasance; ouster.
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Any county attorney or prosecuting officer, sheriff, mayor, police officer, or police commissioner, or other officer, who shall willfully fail, neglect or refuse to enforce any law which it is made his duty to enforce shall thereby forfeit his office and may be removed therefrom.
Neb. Rev. Stat. § 25-21,148 Public officers; malfeasance; action in Supreme Court; suspension of defendant; temporary appointment.
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The Attorney General of the State of Nebraska or a special attorney designated by the Governor, when directed by the Governor, shall institute and prosecute quo warranto proceedings in the Supreme Court against any such county attorney or prosecuting officer, sheriff, police offi…
Neb. Rev. Stat. § 25-21,149 Declaratory judgments; courts of record; jurisdiction.
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Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decre…
Neb. Rev. Stat. § 25-21,150 Rights of claimants; determination.
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Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validi…
Neb. Rev. Stat. § 25-21,151 Construction of contract; before or after breach.
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A contract may be construed either before or after there has been a breach thereof.
Neb. Rev. Stat. § 25-21,152 Fiduciary or interested person; action to declare rights.
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Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust or the estate of a decedent, an infant, person with a mental disorder, or in…
Neb. Rev. Stat. § 25-21,153 Sections; not limiting or restrictive.
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The enumeration in sections 25-21,150, 25-21,151 and 25-21,152 does not limit or restrict the exercise of the general powers conferred in section 25-21,149, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remov…
Neb. Rev. Stat. § 25-21,154 Declaratory judgments; when refused.
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The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Neb. Rev. Stat. § 25-21,155 Declaratory judgments; review.
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All orders, judgments and decrees under sections 25-21,149 to 25-21,164 may be reviewed as other orders, judgments and decrees.
Neb. Rev. Stat. § 25-21,156 Pleadings; complaint; orders to show cause.
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Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by complaint to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on reasonable notice,…
Neb. Rev. Stat. § 25-21,157 Trial; issues of fact; how conducted.
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When a proceeding under sections 25-21,149 to 25-21,164 involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Neb. Rev. Stat. § 25-21,158 Costs.
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In any proceeding under sections 25-21,149 to 25-21,164 the court may make such award of costs as may seem equitable and just.
Neb. Rev. Stat. § 25-21,159 Parties; municipalities; Attorney General.
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When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of…
Neb. Rev. Stat. § 25-21,160 Sections, how construed.
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Sections 25-21,149 to 25-21,164 are declared to be remedial; their purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and are to be liberally construed and administered.
Neb. Rev. Stat. § 25-21,161 Person, defined.
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The word person wherever used in the Uniform Declaratory Judgments Act shall be construed to mean any person, partnership, limited liability company, joint-stock company, unincorporated association, society, or municipal or other corporation of any character whatsoever.
Neb. Rev. Stat. § 25-21,162 Validity of sections.
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Sections 25-21,149 to 25-21,164, except sections 25-21,149 and 25-21,150, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of sections 25-21,149 to 25-21,164 invalid or inoperative.
Neb. Rev. Stat. § 25-21,163 Interpretation and construction of sections to effectuate uniformity.
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Sections 25-21,149 to 25-21,164 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments a…
Neb. Rev. Stat. § 25-21,164 Act, how cited.
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Sections 25-21,149 to 25-21,164 may be cited as the "Uniform Declaratory Judgments Act".
Neb. Rev. Stat. § 25-21,165 By whom brought; jurisdiction.
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Whenever a suit praying for an interlocutory injunction shall have been begun in the United States District Court in any Division in the State of Nebraska to restrain any official or officials of the State of Nebraska from enforcing or administering any statute of the State of Ne…
Neb. Rev. Stat. § 25-21,166 Certification to federal court; stay of proceedings.
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The district court of the county in Nebraska in which said State Capitol is located shall, when such suit is brought, grant a stay of proceedings to any state officer or officers under such statute or order, pending the determination of such suit by the courts of the State of Neb…
Neb. Rev. Stat. § 25-21,167 Expedited trial and appeal; advancement.
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The district court of Lancaster County shall speedily determine the action, and an appeal may be taken to the Court of Appeals within thirty days after the entry of the judgment. Trial in the appellate court shall in all ways be expedited, set for an early hearing, and advanced a…
Neb. Rev. Stat. § 25-21,180 Terms, defined.
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As used in sections 25-224 and 25-21,180 to 25-21,182, unless the context otherwise requires: Product liability action shall mean any action brought against a manufacturer, seller, or lessor of a product, regardless of the substantive legal theory or theories upon which the actio…
Neb. Rev. Stat. § 25-21,181 Action based on strict liability in tort; brought against seller or lessor; when.
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No product liability action based on the doctrine of strict liability in tort shall be commenced or maintained against any seller or lessor of a product which is alleged to contain or possess a defective condition unreasonably dangerous to the buyer, user, or consumer unless the …
Neb. Rev. Stat. § 25-21,182 Product liability action; based upon negligent or defective design, testing, or labeling; defense.
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In any product liability action based upon negligent or defective design, testing, or labeling, proof establishing that such design, testing, or labeling was in conformity with the generally recognized and prevailing state of the art in the industry at the time the specific produ…
Neb. Rev. Stat. § 25-21,184 Railroad company; actions by employees against; negligence; assumption of risk.
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In any action brought against a railroad or street railroad company to recover damages for personal injury to any employee, whether such injury results in death or not, the employee shall not be held to have assumed any of the risks of his employment in any case where the railroa…
Neb. Rev. Stat. § 25-21,185 Actions accruing before February 8, 1992, for injuries to person or property; contributory negligence; comparative negligence.
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In all actions accruing before February 8, 1992, brought to recover damages for injuries to a person or to property caused by the negligence or act or omission giving rise to strict liability in tort of another, the fact that the plaintiff may have been guilty of contributory neg…
Neb. Rev. Stat. § 25-21,185.07 Civil actions to which contributory negligence is a defense; sections applicable.
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Sections 25-21,185.07 to 25-21,185.12 shall apply to all civil actions to which contributory negligence may be, pursuant to law, a defense that accrue on or after February 8, 1992, for damages arising out of injury to or death of a person or harm to property regardless of the the…
Neb. Rev. Stat. § 25-21,185.08 Civil actions to which contributory negligence is a defense; terms, defined.
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For purposes of sections 25-21,185.07 to 25-21,185.12: (1) Claimant shall mean any person who brings or maintains an action described in section 25-21,185.07. If an action is brought through or on behalf of an estate, claimant shall mean the claimant's decedent. If an action is b…
Neb. Rev. Stat. § 25-21,185.09 Civil actions to which contributory negligence is a defense; effect on recovery.
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Any contributory negligence chargeable to the claimant shall diminish proportionately the amount awarded as damages for an injury attributable to the claimant's contributory negligence but shall not bar recovery, except that if the contributory negligence of the claimant is equal…
Neb. Rev. Stat. § 25-21,185.10 Civil actions to which contributory negligence is a defense; multiple defendants; joint and several liability; when; allocation of liability.
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In an action involving more than one defendant when two or more defendants as part of a common enterprise or plan act in concert and cause harm, the liability of each such defendant for economic and noneconomic damages shall be joint and several. In any other action involving mor…
Neb. Rev. Stat. § 25-21,185.11 Civil actions to which contributory negligence is a defense; release, covenant not to sue, or similar agreement; effect.
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(1) A release, covenant not to sue, or similar agreement entered into by a claimant and a person liable shall discharge that person from all liability to the claimant but shall not discharge any other persons liable upon the same claim unless it so provides. The claim of the clai…
Neb. Rev. Stat. § 25-21,185.12 Civil actions to which contributory negligence is a defense; assumption of risk, defined; affirmative defense.
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Assumption of risk is an affirmative defense. Assumption of risk shall mean that (1) the person knew of and understood the specific danger, (2) the person voluntarily exposed himself or herself to the danger, and (3) the person's injury or death or the harm to property occurred a…
Neb. Rev. Stat. § 25-21,186 Emergency care at scene of emergency; persons relieved of civil liability, when.
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(1) No person who renders emergency care at the scene of an accident or other emergency gratuitously, shall be held liable for any civil damages as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to act to provid…
Neb. Rev. Stat. § 25-21,187 Contract or agreement; indemnity provision; against public policy; unenforceable; when; construction project; violation of safety practice; liability.
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(1) In the event that a public or private contract or agreement for the construction, alteration, repair, or maintenance of a building, structure, highway bridge, viaduct, water, sewer, or gas distribution system, or other work dealing with construction or for any moving, demolit…
Neb. Rev. Stat. § 25-21,188 Alienation of affections; criminal conversation; actions barred.
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No cause of action for (1) alienation of affections or (2) criminal conversation shall be allowed to commence after January 9, 1986.