Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
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 …
Repealed. Laws 2006, LB 1115, § 47.
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[Repealed or reserved.]
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…
Neb. Rev. Stat. § 25-2157 Writ; when not issued.
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The writ of mandamus may not be issued in any case where there is a plain and adequate remedy in the ordinary course of the law. It may issue on the information of the party beneficially interested.
Neb. Rev. Stat. § 25-2158 Alternative and peremptory writs.
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The writ is either alternative or peremptory. The alternative writ must state concisely the facts showing the obligation of the defendant to perform the act, and his omission to perform it, and command him, that immediately upon the receipt of the writ, or at some other specified…
Neb. Rev. Stat. § 25-2159 Peremptory writ; when allowed in first instance.
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When the right to require the performance of the act is clear and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus may be allowed in the first instance. In all other cases, the alternative writ must be first issued, except that a perem…
Neb. Rev. Stat. § 25-216 Part payment; acknowledgment of debt; effect upon accrual.
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In any cause founded on contract, when any part of the principal or interest shall have been voluntarily paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made in writing, an action may be brought in such case withi…
Neb. Rev. Stat. § 25-2160 Peremptory writ; motion; affidavit required; notice; order to show cause; actions involving irrigation water.
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The motion for the writ must be made upon affidavit. The court may require a notice of the application to be given to the adverse party, may grant an order to show cause why it should not be allowed, or may grant the writ without notice. No peremptory writ of mandamus shall be al…
Neb. Rev. Stat. § 25-2161 Writ; endorsement of allowance; service; neglect to return; penalty.
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The allowance of the writ must be endorsed thereon, signed by a judge of the court granting it, and the writ must be served personally upon the defendant. If the defendant duly served neglects to return the same, he shall be proceeded against, as for a contempt.
Neb. Rev. Stat. § 25-2162 Alternative writ; answer.
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On the return day of the alternative writ, or such further day as the court may allow, the party on whom the writ shall have been served may show cause, by answer made, in the same manner as an answer to a complaint in a civil action.
Neb. Rev. Stat. § 25-2163 Peremptory writ; when issued; failure to answer, effect; pleading new matter, effect.
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If no answer be made, a peremptory mandamus must be allowed against the defendant. If an answer be made containing new matter, the same shall not in any respect conclude the plaintiff, who may, on the trial or other proceeding, avail himself of any valid objection to its sufficie…
Neb. Rev. Stat. § 25-2164 Pleadings; trial.
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No other pleading or written allegation is allowed than the writ and answer. These are the pleadings in the case, and have the same effect and are to be construed and may be amended in the same manner as pleadings in a civil action; and the issues thereby joined must be tried, an…
Neb. Rev. Stat. § 25-2165 Judgment for plaintiff; damages; peremptory writ granted; costs and attorney's fees, authorized.
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If judgment be given for the plaintiff, he or she shall recover the damages which he or she shall have sustained, to be ascertained by the court or a jury, or by referees, in a civil action, and a peremptory mandamus shall also be granted to him or her without delay. In addition …
Neb. Rev. Stat. § 25-2166 Recovery of damages; effect upon right of action.
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A recovery of damages by virtue of this chapter, against a party, who shall have made a return to a writ of mandamus, is a bar to any other action against the same party for the making of such return.
Neb. Rev. Stat. § 25-2167 Peremptory writ directed to public officials; imposition of fine; payment; effect.
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Whenever a peremptory mandamus is directed to any public officer, body or board, commanding the performance of any public duty, specially enjoined by law, if it appear to the court that such officer, or any member of such body or board, has without just excuse refused or neglecte…
Neb. Rev. Stat. § 25-2168 Right of private persons to bring action.
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Any private person may on his own relation sue out writs of mandamus without application to the prosecuting attorney.
Neb. Rev. Stat. § 25-2169 Action by private person; costs.
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Private persons suing out writs of mandamus, under the provisions of sections 25-2156 to 25-2168, shall be liable for costs as in civil cases.
Neb. Rev. Stat. § 25-217 Action; commencement; defendant not properly served; effect.
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(1) An action is commenced on the day the complaint is filed with the court. (2) Each defendant in the action must be properly served within one hundred eighty days of the commencement of the action. If the action is stayed or enjoined during the one-hundred-eighty-day period, th…
Neb. Rev. Stat. § 25-2170 Complaint for partition; parties; allegations.
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The complaint shall describe the property, and the several interests and estates of the several joint owners, or lessees thereof, if known. All tenants in common, joint tenants, or lessees of any estate in land or interest therein, or of any mineral, coal, petroleum, or gas right…
Neb. Rev. Stat. § 25-2170.01 Who may compel partition.
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Any joint owner of any real estate or of any interest therein or of any mineral, coal, petroleum, or gas rights, whether held in fee or by lease or otherwise, may compel a partition thereof in the manner provided in sections 25-2170 to 25-21,111.
Neb. Rev. Stat. § 25-2171 Complaint; unknown owners or interests; allegations.
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If the number of shares or interests is known, but the owners thereof are unknown, or if there are, or are supposed to be, any interests which are unknown, contingent or doubtful, these facts shall be set forth in the complaint with reasonable certainty.
Neb. Rev. Stat. § 25-2172 Parties; lienholders.
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Creditors having a specific or general lien upon all or any portion of the property may or may not be made parties, at the option of the plaintiff.
Neb. Rev. Stat. § 25-2173 Liens upon undivided interests; lien for costs paramount.
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If the lien is upon one or more undivided interests of any of the parties, it shall, after partition or sale, remain a charge upon those particular interests or the proceeds thereof. But the due proportion of costs is a charge upon those interests paramount to all other liens.
Neb. Rev. Stat. § 25-2174 Answer; contents.
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The answers of the defendants must state, among other things, the amount and nature of their respective interests. They may deny the interest of any of the plaintiffs, and by supplemental pleading, if necessary, may deny the interests of any of the other defendants.
Repealed. Laws 2002, LB 876, § 92.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-2176 Trial; costs.
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Issues may thereupon be joined and tried between any of the contesting parties, the question of costs on such issues being regulated between the contestants agreeably to the principles applicable to other cases.
Neb. Rev. Stat. § 25-2177 Trial; proof.
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Each of the parties appearing, whether as plaintiff or defendant, must exhibit his documentary proof of title, if he has any, and must file the same, or copies thereof, with the clerk.
Neb. Rev. Stat. § 25-2178 Pleadings; when taken as true.
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If the statements in the complaint are not denied in the answer or contradicted by the documentary proof exhibited, they shall be taken as true.
Neb. Rev. Stat. § 25-2179 Judgment.
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After all the shares and interests of the parties have been settled in any of the methods aforesaid, judgment shall be rendered confirming those shares and interests, and directing partition to be made accordingly.