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1,151 sections in this chapter.
Neb. Rev. Stat. § 25-21,300 Time for bringing action; limitation.
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Notwithstanding any other provision of law, any action to recover damages under the Human Trafficking Victims Civil Remedy Act shall be filed within ten years after the later of: (1) The conclusion of any related criminal prosecution against the person or persons from whom recove…
Neb. Rev. Stat. § 25-21,301 Use of pseudonym.
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In any action brought pursuant to the Human Trafficking Victims Civil Remedy Act, a plaintiff may request to use a pseudonym instead of his or her legal name in all court proceedings and records. Upon finding that the use of a pseudonym is proper, the court shall ensure that the …
Neb. Rev. Stat. § 25-21,302 Property used in commission of certain crimes; forfeiture; proceeding; confiscating authority; duties; seizure of property; proceedings; petition; Attorney General; duties; answer; hearing; disposition of proceeds.
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(1)(a) In addition to any other civil or criminal penalties provided by law, any property used in the commission of a violation of the Child Sexual Abuse Material Prevention Act or section 28-813, 28-831, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107 may be forfeited…
Neb. Rev. Stat. § 25-21,303 Property used in commission of certain crimes; forfeiture; law enforcement agency or prosecuting attorney; report to Auditor of Public Accounts; contents; report to Legislature.
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(1) For all money, securities, negotiable instruments, firearms, conveyances, or real estate seized pursuant to section 25-21,302, the appropriate law enforcement agency or, as provided in subsection (5) of this section, the prosecuting attorney shall provide a written report of …
Neb. Rev. Stat. § 25-21,304 Child sexual abuse material; obscene material; prohibited acts; civil action by victim; damages; contributory negligence; civil penalties; Attorney General; enforcement; deceptive trade practice; Internet utilities; supplemental to other remedies; sovereign immunity waived.
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(1) For purposes of this section: (a) Child sexual abuse material has the same meaning as in section 28-1802; (b) Internet utility has the same meaning as in section 87-1002; (c) Obscene has the same meaning as in section 28-807; and (d) Prohibited content means any depiction or …
Neb. Rev. Stat. § 25-21,305 Law enforcement officer; judge; attorney; agents or employees; immunity.
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(1) For purposes of this section: (a) Law enforcement officer has the same meaning as in section 81-1401; and (b) Prohibited content has the same meaning as in section 25-21,304. (2) There shall be no civil or criminal liability for the viewing or possession of prohibited content…
Neb. Rev. Stat. § 25-21,306 Child sexual exploitation device or image; prohibited acts; civil action by victim; civil penalty; Attorney General; enforcement; deceptive trade practice.
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(1) For purposes of this section: (a) Child sexual exploitation device or image means an anatomically correct mannequin, robot, doll, device, or image that: (i) Has the features of, or features that resemble those of, a minor; and (ii) Is intended for use in sexual acts; and (b) …
Neb. Rev. Stat. § 25-210 Actions against sureties on guardian's bond.
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No action shall be maintained against the sureties in any bond given by a guardian unless it be commenced within four years from the time when the guardian shall have been discharged; Provided, if at the time of such discharge the person entitled to bring such action shall be out…
Neb. Rev. Stat. § 25-2101 Action on bonds or insurance; by whom and how brought.
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When an officer, executor, or administrator within this state, by misconduct or neglect of duty, forfeits his or her bond or commercial insurance policy or renders his or her sureties liable, any person injured thereby, or who is by law entitled to the benefit of the security, ma…
Neb. Rev. Stat. § 25-2102 Further action; authorized.
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A judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency.
Neb. Rev. Stat. § 25-211 Actions on contracts by reason of failure or want of consideration.
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Actions brought for damages growing out of the failure or want of consideration of contracts, express or implied, or for the recovery of money paid upon contracts, express or implied, the consideration of which has wholly or in part failed, shall be brought within four years.
Neb. Rev. Stat. § 25-212 Actions not specified.
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An action for relief not otherwise provided for in Chapter 25 can only be brought within four years after the cause of action shall have accrued.
Neb. Rev. Stat. § 25-2121 Conduct constituting contempt; powers of court of record to punish.
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Every court of record shall have power to punish by fine and imprisonment, or by either, as for criminal contempt, persons guilty of (1) disorderly, contemptuous, or insolent behavior towards the court, or any of its officers in its presence; (2) any breach of the peace, noise, o…
Neb. Rev. Stat. § 25-2122 Punishment; procedure.
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Contempts committed in the presence of the court may be punished summarily; in other cases the party upon being brought before the court, shall be notified of the accusation against him, and have a reasonable time to make his defense.
Neb. Rev. Stat. § 25-2123 Effect of punishment upon criminal liability.
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Persons punished for contempt under the preceding provisions shall nevertheless be liable to indictment, if such contempt shall amount to an indictable offense; but the court before which the conviction shall be had may, in determining the punishment, take into consideration the …
Neb. Rev. Stat. § 25-2124 Ejectment; complaint; allegations.
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In an action for the recovery of real property, it shall be sufficient if the complaint states that the plaintiff has a legal estate therein, and is entitled to the possession thereof, describing the same, and that the defendant unlawfully keeps the plaintiff out of the possessio…
Neb. Rev. Stat. § 25-2125 Ejectment; answer; contents.
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It shall be sufficient in such action if the answer denies generally the title alleged in the complaint, or that the defendant withholds possession, as the case may be; but if the defendant denies the title of the plaintiff, possession by the defendant shall be taken as admitted.…
Neb. Rev. Stat. § 25-2126 Ejectment; actions between tenants in common; complaint; allegations.
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In an action by a tenant in common of real property against a cotenant the plaintiff must state, in addition to what is required in section 25-2124, that the defendant either denies the plaintiff's right, or did some act amounting to such denial.
Neb. Rev. Stat. § 25-2127 Ejectment; plaintiff's right terminating while action pending; verdict; judgment.
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In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plain…
Neb. Rev. Stat. § 25-2128 Ejectment; occupying claimants; rights.
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The parties in an action for the recovery of property may avail themselves, if entitled thereto, of the relief provided for in sections 76-301 to 76-311 for occupying claimants.
Neb. Rev. Stat. § 25-2129 Waste; negligence in preventing; liability.
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Any person whose duty it is to prevent waste, and who has not used reasonable care and diligence to prevent it, is deemed to have committed it.
Neb. Rev. Stat. § 25-213 Tolling of statutes of limitation; when.
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Except as provided in sections 76-288 to 76-298, if a person entitled to bring any action mentioned in Chapter 25, the Political Subdivisions Tort Claims Act, the Nebraska Hospital-Medical Liability Act, the State Contract Claims Act, the State Tort Claims Act, the State Miscella…
Neb. Rev. Stat. § 25-2130 Trespass; liability; damages; when recoverable.
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For willful trespass, injuring any timber, tree, or shrub on the land of another, or in the street or highway in front of another's cultivated ground, yard, or town lot, or on the public grounds of any town, or any land held by this state, for any purpose whatever, the trespasser…
Neb. Rev. Stat. § 25-2131 Trespass; taking timber for repair of public highways or bridges; liability.
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Nothing herein contained authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge in its immediate neighborhood.
Neb. Rev. Stat. § 25-2132 Waste or trespass; remainderman; reversioner; rights.
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The owner of an estate in remainder or reversion, may maintain an action for trespass or waste for injuries done to the inheritance, notwithstanding any intervening estate for life or years.
Neb. Rev. Stat. § 25-2133 Waste or trespass; heir; rights.
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An heir, whether a minor or of full age, may maintain an action for trespass or waste for injuries done in the time of his ancestors as well as in his own time, unless barred by the statute of limitations.
Neb. Rev. Stat. § 25-2134 Waste or trespass; purchaser on execution; rights.
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Where lands or tenements are sold by virtue of an execution, the purchaser at such sale may maintain his action against any person for trespass or waste occurring or existing after his purchase.
Neb. Rev. Stat. § 25-2135 Waste or trespass; occupant; right to use lands or timber for repairs.
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Section 25-2134 is not intended to prevent the person who occupies the lands in the meantime from using them in the ordinary course of husbandry, or from using timber for the purpose of making suitable repairs thereon.
Neb. Rev. Stat. § 25-2136 Waste; occupant; right to use timber for repairs; limit.
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If for the purpose stated in section 25-2135 the occupant employs timber vastly superior to that required for the occasion, he will be deemed to have committed waste, and will be liable accordingly.
Neb. Rev. Stat. § 25-2137 Complaint for foreclosure or satisfaction; where filed.
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All complaints for the foreclosure or satisfaction of mortgages shall be filed in the district court where the mortgaged premises are situated.
Neb. Rev. Stat. § 25-2138 Sale of premises; decree; power of court.
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Whenever a complaint is filed for the foreclosure or satisfaction of a mortgage, the court has the power to decree a sale of the mortgaged premises, or such part thereof as may be sufficient to discharge the amount due on the mortgage, and the cost of suit.
Neb. Rev. Stat. § 25-2139 Decree; power of court.
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When a complaint is filed for the satisfaction of a mortgage, the court has the power only to decree and compel the delivery of the possession of the premises to the purchaser thereof.
Neb. Rev. Stat. § 25-214 Actions against absconding or absent debtor.
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If a cause of action accrues against a person while he or she is out of the state or has absconded or concealed himself or herself, the period limited for the commencement of the action shall not begin to run (1) until he or she comes into the state or (2) while he or she is absc…
Neb. Rev. Stat. § 25-2140 Decree; effect upon right to recover for debt.
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After a complaint for foreclosure or satisfaction of a mortgage is filed, while the same is pending, and after a decree is rendered thereon, no proceedings whatever shall be had at law for the recovery of the debt secured by the mortgage, or any part thereof, unless authorized by…
Neb. Rev. Stat. § 25-2141 Parties defendant; joinder.
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If the mortgage debt is secured by the obligation or other evidence of debt of any other person besides the mortgagor, the complainant may make such person a party to the action.
Neb. Rev. Stat. § 25-2142 Complaint for foreclosure or satisfaction; allegations; complainant; designate person to receive notices; when.
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(1) Upon filing a complaint for the foreclosure or satisfaction of a mortgage, the complainant shall state therein whether any proceedings have been had at law for the recovery of the debt secured thereby, or any part thereof, and whether such debt, or any part thereof, has been …
Neb. Rev. Stat. § 25-2143 Prior judgment at law; effect.
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If it appears that any judgment has been obtained in a suit at law for the money demanded by such complaint, or any part thereof, no proceedings shall be had in such case, unless to an execution against the property of the defendant in such judgment the sheriff or other proper of…
Neb. Rev. Stat. § 25-2144 Sale of premises; by whom made; liability and compensation of sheriff; postponement of sale; notice.
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(1) All sales of mortgaged premises under a decree shall be made by a sheriff or some other person authorized by the court in the county where the premises or some part of them are situated. In all cases where the sheriff makes such sale, he or she shall act in his or her officia…
Neb. Rev. Stat. § 25-2145 Deed of conveyance; effect; estate conveyed.
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Deed shall thereupon be executed by such sheriff, which shall vest in the purchaser the same estate that would have vested in the mortgagee if the equity of redemption had been foreclosed, and no other or greater; and such deeds shall be as valid as if executed by the mortgagor a…
Neb. Rev. Stat. § 25-2146 Sale; proceeds; how applied.
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The proceeds of every sale made under a decree in equity shall be applied to the discharge of the debt adjudged by such court to be due, and of the costs awarded, and if there be any surplus, it shall be brought into court for the use of the defendant, or of the persons entitled …
Neb. Rev. Stat. § 25-2147 Sale; proceeds; surplus; disposition.
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If such surplus, or any part thereof, shall remain in the court for the term of three months without being applied for, the court may direct the same to be put out at interest under the direction of the court for the benefit of the defendant, his representative or assigns, to be …
Neb. Rev. Stat. § 25-2148 Payment by defendant of sums due; effect.
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Whenever a complaint is filed for the satisfaction or foreclosure of any mortgage, upon which there is due any interest on any portion or installment of the principal, and there are other portions or installments to become due subsequently, the complaint shall be dismissed upon t…
Neb. Rev. Stat. § 25-2149 Payment by defendant of sums due; stay; decree.
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If, after a decree for sale, entered against a defendant in such case, he shall bring into court the principal and interest due, with costs, the proceedings in the suit shall be stayed, but the court shall enter a decree of foreclosure and sale, to be enforced by a further order …
Neb. Rev. Stat. § 25-2150 Reference to sheriff; sale of premises in parcels; decree; effect.
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If the defendant shall not bring into court the amount due, with costs, or if for any other cause a decree shall pass for the complainant, the court may direct a reference to a sheriff to ascertain and report the situation of the mortgaged premises, or may determine the same on o…
Neb. Rev. Stat. § 25-2151 Default in payment of installments subsequent to decree; order of sale.
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If, in the case mentioned in section 25-2150, there shall be any default subsequent to such decree in the payment of any portion or installment of the principal, or any interest due upon such mortgage, the court may, upon the complaint of the complainant, by a further order, foun…
Neb. Rev. Stat. § 25-2152 Sale of entire property; when ordered.
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If in any of the foregoing cases, it shall appear to the court that the mortgaged premises are so situated that a sale of the whole will be most beneficial to the parties, the decree shall, in the first instance, be entered for the sale of the whole premises accordingly.
Neb. Rev. Stat. § 25-2153 Sale of entire property; proceeds; disposition.
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In such case the proceeds of such sale shall be applied as well to the interest, portion, or installment of the principal due as towards the whole or residue of the sum secured by such mortgage, and not due and payable at the time of such sale; and if such residue does not bear i…
Neb. Rev. Stat. § 25-2154 Satisfaction or payment; certificate; delivery to register of deeds; duties of clerk of district court; fee of register of deeds.
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In all cases of foreclosure of mortgages in the several counties in the state, it shall be the duty of the clerk of the district court, on the satisfaction or payment of the amount of the decree, to forward to the register of deeds a certificate setting forth the names of parties…
Neb. Rev. Stat. § 25-2155 Satisfaction or payment; certificate; recording and indexing; duties of register of deeds.
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It shall be the duty of the register of deeds on receipt of the certificate mentioned in section 25-2154 to enter the same upon his numerical index, and record the same in the mortgage record of his office.
Neb. Rev. Stat. § 25-2156 Writ of mandamus; to whom issued.
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The writ of mandamus may be issued to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station. Though it may require an inferior tribunal to exercise its judgm…