™Your Policy Risk Impact Agent
1,151 sections in this chapter.
Neb. Rev. Stat. § 25-2157 Writ; when not issued.
0.2K chars
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.
0.7K chars
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.
0.5K chars
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.
0.6K chars
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.
1.0K chars
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.
0.3K chars
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.
0.2K chars
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.
0.4K chars
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.
0.4K chars
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.
0.5K chars
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.
0.2K chars
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.
0.7K chars
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.
0.1K chars
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.
0.1K chars
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.
0.8K chars
(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.
0.4K chars
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.
0.2K chars
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.
0.3K chars
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.
0.1K chars
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.
0.3K chars
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.
0.3K chars
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.
Neb. Rev. Stat. § 25-2176 Trial; costs.
0.2K chars
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.
0.2K chars
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.
0.1K chars
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.
0.2K chars
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.
Neb. Rev. Stat. § 25-218 Claims by and against the state; when barred.
0.6K chars
Every claim and demand against the state shall be forever barred unless action is brought thereon within two years after the claim arose. Every claim and demand on behalf of the state, except for revenue, or upon official bonds, or for loans or money belonging to the school funds…
Neb. Rev. Stat. § 25-2180 Referee or referees; appointment; duty.
0.2K chars
Upon entering such judgment the court shall appoint a referee or referees, not exceeding three in number, to make partition into the requisite number of shares.
Neb. Rev. Stat. § 25-2181 Report of referees.
0.1K chars
If it appears to the referee or referees that partition cannot be made without great prejudice to the owners, they shall so report to the court.
Neb. Rev. Stat. § 25-2182 Referees; special allotments; when directed.
0.2K chars
For good and sufficient reasons appearing to the court, the referee or referees may be directed to allot particular portions of the land to particular individuals. In other cases the shares must be made as nearly as possible of equal value.
Neb. Rev. Stat. § 25-2183 Sale; order; place held.
0.4K chars
If satisfied with such report the court shall cause an order to be entered directing the referee or referees to sell the premises so situated, and shall also fix the place and terms of sale. The sale may be held at any place in the county in which the action is brought, or if the…
Neb. Rev. Stat. § 25-2184 Referees; bond; conditions; further security.
0.3K chars
Before proceeding to sell, the referee or referees shall each give security, to be fixed by the court and to be approved by the clerk of said court or the judge thereof, conditioned for the faithful discharge of his duties. At any time thereafter the court may require further and…
Neb. Rev. Stat. § 25-2185 Sale of property; notice; procedure.
0.2K chars
The same notice of sale shall be given as when lands are sold on execution by the sheriff, and the sale shall be conducted in like manner, except as to place of sale.
Neb. Rev. Stat. § 25-2186 Sale of property; report of referee.
0.2K chars
After completing said sale, the referee or referees must report their proceedings to the court, with a description of the different parcels of land sold to each purchaser, and the price bid therefor, which report shall be filed with the clerk.
Neb. Rev. Stat. § 25-2187 Encumbrances; referee; appointment; report; appeal.
0.2K chars
If deemed advisable, the court may appoint a referee to inquire into the nature and amount of encumbrances, and report accordingly. From that report an appeal lies to the court.
Neb. Rev. Stat. § 25-2188 Encumbrances; duty of referee; notice of hearing.
0.2K chars
The referee shall give the parties interested at least five days' notice of the time and place when he will receive proof of the amount of such encumbrances.
Neb. Rev. Stat. § 25-2189 Encumbrances; evidence before referee.
0.1K chars
In taking such proof he may receive, with other evidence, the affidavit of the parties interested.
Neb. Rev. Stat. § 25-219 Actions upon liability created by federal statute.
0.3K chars
All actions upon a liability created by a federal statute, other than a forfeiture or penalty, for which actions no period of limitations is provided in such statute shall be commenced within three years next after the cause of action shall have accrued.
Neb. Rev. Stat. § 25-2190 Encumbrances; payment with consent of owner.
0.2K chars
If any encumbrance is ascertained to exist, the proceeds of the sale of that portion, after the payment of costs, or so much thereof as is necessary, shall, if the owner consents, be paid over to the encumbrancer.
Neb. Rev. Stat. § 25-2191 Encumbrances; objection of owner to payment; procedure; notice.
0.3K chars
If the owner objects to the payment of such encumbrance, the money shall be retained or invested by order of the court to await final action in relation to its disposition, and notice thereof shall be forthwith given to the encumbrancer, unless he has already been made a party.
Neb. Rev. Stat. § 25-2192 Issue between owner and encumbrancer; order; effect.
0.1K chars
The court may direct an issue to be made up between the encumbrancer and the owner, which shall be decisive of their respective rights.
Neb. Rev. Stat. § 25-2193 Encumbrances; life estate or estate for years; settlement in gross; investment of proceeds.
0.4K chars
If an estate for life or years be found to exist as an encumbrance upon any part of said property, and if the parties cannot agree upon the sum in gross which they will consider an equivalent for such estate, the court shall direct the avails of the encumbered property to be inve…
Neb. Rev. Stat. § 25-2194 Encumbrance proceedings; not to delay distribution of other shares.
0.2K chars
The proceedings in relation to the encumbrances shall not delay the distribution of the proceeds of other shares in respect to which no difficulties exist.
Neb. Rev. Stat. § 25-2195 Security for refund.
0.3K chars
The court in its discretion may require all or any of the parties, before they receive the money arising from any sale authorized in sections 25-2170 to 25-21,111, to give satisfactory security to refund such money with interest, in case it afterward appears that such parties wer…
Neb. Rev. Stat. § 25-2196 Order of conveyance; when made; purchase money security.
0.3K chars
If the sales aforesaid are approved and confirmed, an order shall be entered directing the referee or referees, or a majority thereof, to execute conveyances pursuant to such sales. But no conveyance can be made until all the money is paid, without receiving from the purchaser a …
Neb. Rev. Stat. § 25-2197 Conveyances; valid against subsequent purchasers and parties to action.
0.3K chars
Such conveyances so executed, being recorded in the county where the premises are situated, shall be valid against all subsequent purchasers, and also against all persons interested at the time who were made parties to the proceedings in the mode pointed out by law.
Neb. Rev. Stat. § 25-2199 Disapproval of sale; refund.
0.1K chars
If the sales are disapproved the money paid and the securities given must be returned to the persons respectively entitled thereto.
Neb. Rev. Stat. § 25-2201 Process; style.
0.2K chars
The style of all processes shall be "The State of Nebraska, .............. county." It shall be under the seal of the court from whence the same shall issue, shall be signed by the clerk, and dated the day it issued.
Neb. Rev. Stat. § 25-2202 Service when sheriff is a party or is interested.
0.3K chars
An order for a provisional remedy or any other process, in an action wherein the sheriff is a party, or is interested, shall be directed to the coroner. If both these officers are interested, the process shall be directed to and executed by a person appointed by the court or judg…
Neb. Rev. Stat. § 25-2203 Process; special process server; return; appointed on motion; fees.
0.6K chars
The court or judge, for good cause, may appoint a person, corporation, partnership, or limited liability company to serve a particular process or order which person or entity shall have the same power to execute it which the sheriff has. The person or entity may be appointed on t…
Neb. Rev. Stat. § 25-2204 Clerks of courts; writs and orders; issuance; praecipes.
0.4K chars
All writs and orders for provisional remedies and process of every kind, shall be issued by the clerks of the several courts. Before they shall be issued a praecipe shall be filed with the clerk, demanding the same; which praecipe shall be for the direction of the clerk, and not …