FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 25-1309 — NE Code / Chapter 25 / Section 25-1309
View Statute 25-1309
Status: in_force

Any person indebted, or against whom a cause of action exists, may personally appear, in a court of competent jurisdiction, and, with the assent of the creditor or person having such cause of action, confess judgment therefor, whereupon judgment shall be entered accordingly.

R.S.1867, Code § 433, p. 466;

R.S.1913, § 8002;

C.S.1922, § 8943;

C.S.1929, § 20-1309;

R.S.1943, § 25-1309.

General appearance is sufficient; actual physical presence of defendant is unnecessary. Thornhill v. Hargreaves, 76 Neb. 582, 107 N.W. 847 (1906).

General appearance is sufficient; actual physical presence of defendant is unnecessary. Thornhill v. Hargreaves, 76 Neb. 582, 107 N.W. 847 (1906).

Where corporation is already in default of answer, judgment may be entered upon stipulation without warrant to attorney. Alter v. State ex rel. Kountze Bros., 62 Neb. 239, 86 N.W. 1080 (1901).

Where corporation is already in default of answer, judgment may be entered upon stipulation without warrant to attorney. Alter v. State ex rel. Kountze Bros., 62 Neb. 239, 86 N.W. 1080 (1901).

Confession of judgment by corporation must be made by warrant of attorney. Fogg v. Ellis, 61 Neb. 829, 86 N.W. 494 (1901).

Confession of judgment by corporation must be made by warrant of attorney. Fogg v. Ellis, 61 Neb. 829, 86 N.W. 494 (1901).

Corporation for pecuniary profit may confess judgment. Solomon Co. v. Schneider & Co., 56 Neb. 680, 77 N.W. 65 (1898).

Corporation for pecuniary profit may confess judgment. Solomon Co. v. Schneider & Co., 56 Neb. 680, 77 N.W. 65 (1898).

Manager of corporation has no power to confess judgment. Howell v. Gilt Edge Mfg. Co., 32 Neb. 627, 49 N.W. 704 (1891).

Manager of corporation has no power to confess judgment. Howell v. Gilt Edge Mfg. Co., 32 Neb. 627, 49 N.W. 704 (1891).

Creditor's assent is necessary; but is presumed where defendant confesses sum demanded in petition. Flanigan v. Continental Ins. Co., 22 Neb. 235, 34 N.W. 367 (1887).

Creditor's assent is necessary; but is presumed where defendant confesses sum demanded in petition. Flanigan v. Continental Ins. Co., 22 Neb. 235, 34 N.W. 367 (1887).
Neb. Rev. Stat. § 44-2836 — NE Code / Chapter 44 / Section 44-2836
View Statute 44-2836
Status: in_force

(1) As long as malpractice liability insurance remains in force under the qualification set forth in section 44-2824 and unless the patient has elected not to come under sections 44-2801 to 44-2855 , the health care provider and his insurer shall be liable to a patient, or his representative, for malpractice, professional negligence, failure to provide care, breach of contract relating to providing medical care, or other claim based on failure to obtain informed consent to an operation or treatment, only to the extent and in the manner specified in sections 44-2801 to 44-2855 .

(2) The filing of proof of financial responsibility with the director shall constitute, on the part of the insurer and the health care provider, a conclusive and unqualified acceptance of the provisions of sections 44-2801 to 44-2855 .

(3) Failure of the patient or his representative to file his refusal to be bound by sections 44-2801 to 44-2855 shall constitute conclusive and unqualified acceptance of sections 44-2801 to 44-2855 .

(4) Any provision in a policy attempting to limit or modify the liability of the insurer contrary to the provisions of sections 44-2801 to 44-2855 shall be void.

(5) Each policy issued under sections 44-2801 to 44-2855 shall be deemed to include the following provisions and any amendments thereto which may be occasioned by legislation passed by the Legislature of the State of Nebraska, as fully as if written in such policy:

(a) The insurer shall assume all obligations to pay an award imposed against its insured under the provisions of sections 44-2801 to 44-2855 ; and

(b) Any termination of the policy by cancellation shall not be effective as to patients claiming against the insured covered thereby unless, at least thirty days before the effective date of the cancellation, a written notice giving the date upon which termination becomes effective has been mailed to the insured at his last-known address and to the director at his office by certified or registered mail with sufficient postage attached.

(6) If an insurer shall fail or refuse to pay a final judgment, or shall fail or refuse to comply with any provisions of sections 44-2801 to 44-2855 , in addition to any other legal remedy, the director may also revoke the approval of its policy form until the insurer shall pay the award or judgment or shall comply with the violated provisions of sections 44-2801 to 44-2855 and has resubmitted its policy form and received the approval of the director.

Laws 1976, LB 434, § 36.

This section held constitutional. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).

This section held constitutional. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).
Neb. Rev. Stat. § 14-2143 — NE Code / Chapter 14 / Section 14-2143
14-2143
Status: in_force

The water fund shall consist of all money received on account of the water plant owned and operated by the metropolitan utilities district for water service or otherwise, including a water tax for public fire protection purposes levied by the municipal authorities of each municipality forming such metropolitan utilities district or, in the case of a sanitary and improvement district or unincorporated area forming a part of the metropolitan utilities district but outside the limits of a municipality, by the board of county commissioners of the county in which the sanitary and improvement district or unincorporated area is located. Such tax shall be levied at the same time and in the same manner as other funds provided for municipal purposes or county purposes under the provisions of the charter of such municipality or municipalities or of the general laws in the case of a county or a sanitary and improvement district. The amount of the tax shall be certified to the municipal authorities or the county commissioners, as the case may be, by the board of directors of the metropolitan utilities district in time for the annual levy of taxes in each year. The gross amount of such tax shall not exceed the sum of five and two-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such utilities district, and it shall be mandatory upon such municipal authorities or county commissioners to levy same as provided in this section.

Laws 1913, c. 143, § 16, p. 358;

R.S.1913, § 4258;

Laws 1919, c. 33, § 5, p. 110;

C.S.1922, § 3761;

C.S.1929, § 14-1017;

R.S.1943, § 14-1026;

Laws 1947, c. 21, § 1, p. 112;

Laws 1953, c. 287, § 4, p. 930;

Laws 1972, LB 1272, § 1;

Laws 1979, LB 187, § 33;

R.S.1943, (1991), § 14-1026;

Laws 1992, LB 746, § 43;

Laws 1992, LB 719A, § 39.

Levy imposed pursuant to this section is not a state levy for state purposes, therefore constitutional prohibition on property taxes for state purposes not violated. R-R Realty Co. v. Metropolitan Utilities Dist., 184 Neb. 237, 166 N.W.2d 746 (1969).

Levy imposed pursuant to this section is not a state levy for state purposes, therefore constitutional prohibition on property taxes for state purposes not violated. R-R Realty Co. v. Metropolitan Utilities Dist., 184 Neb. 237, 166 N.W.2d 746 (1969).

Law requiring cities to levy tax to pay hydrant rentals is constitutional. State ex rel. Metropolitan Utilities Dist. v. City of Omaha, 112 Neb. 694, 200 N.W. 871 (1924).

Law requiring cities to levy tax to pay hydrant rentals is constitutional. State ex rel. Metropolitan Utilities Dist. v. City of Omaha, 112 Neb. 694, 200 N.W. 871 (1924).
Neb. Rev. Stat. § 71-3405 — NE Code / Chapter 71 / Section 71-3405
View Statute 71-3405
Status: in_force

For purposes of the Child and Maternal Death Review Act:

(1) Child means a person from birth to eighteen years of age;

(2) Investigation of child death means a review of existing records and other information regarding the child or stillbirth from relevant agencies, professionals, and providers of medical, dental, prenatal, and mental health care. The records to be reviewed may include, but not be limited to, medical records, coroner's reports, autopsy reports, social services records, records of alternative response cases under alternative response implemented in accordance with sections 28-710.01 , 28-712 , and 28-712.01 , educational records, emergency and paramedic records, and law enforcement reports;

(3) Investigation of maternal death means a review of existing records and other information regarding the woman from relevant agencies, professionals, and providers of medical, dental, prenatal, and mental health care. The records to be reviewed may include, but not be limited to, medical records, coroner's reports, autopsy reports, social services records, educational records, emergency and paramedic records, and law enforcement reports;

(4) Maternal death means the death of a woman during pregnancy or the death of a postpartum woman;

(5) Postpartum woman means a woman during the period of time beginning when the woman ceases to be pregnant and ending one year after the woman ceases to be pregnant;

(6) Preventable child death means the death of any child or stillbirth which reasonable medical, social, legal, psychological, or educational intervention may have prevented. Preventable child death includes, but is not limited to, the death of a child or stillbirth resulting from (a) intentional and unintentional injuries, (b) medical misadventures, including untoward results, malpractice, and foreseeable complications, (c) lack of access to medical care, (d) neglect and reckless conduct, including failure to supervise and failure to seek medical care for various reasons, and (e) preventable premature birth;

(7) Preventable maternal death means the death of a pregnant or postpartum woman when there was at least some chance of the death being averted by one or more reasonable changes to (a) the patient, (b) the patient's family, (c) the health care provider, facility, or system, or (d) community factors;

(8) Reasonable means taking into consideration the condition, circumstances, and resources available;

(9) Severe maternal morbidity means the unexpected outcomes of labor and delivery resulting in significant short- or long-term consequences to a woman's health;

(10) Stillbirth means a spontaneous fetal death which resulted in a fetal death certificate pursuant to section 71-606 ; and

(11) Teams means the State Child Death Review Team and the State Maternal Death Review Team.

Laws 1993, LB 431, § 2;

Laws 2013, LB361, § 2;

Laws 2014, LB853, § 46;

Laws 2020, LB1061, § 10;

Laws 2022, LB741, § 48;

Laws 2023, LB227, § 96.
Neb. Rev. Stat. § 46-1227.01 — NE Code / Chapter 46 / Section 46-1227.01
View Statute 46-1227.01
Status: in_force

(1) All water well construction and monitoring, pump and pumping equipment installation and repair, and decommissioning shall be accomplished following the standards developed under the Water Well Standards and Contractors' Practice Act.

(2) A licensed water well contractor may have supervisory authority over all employees.

(3) A licensed water well drilling supervisor shall work under the supervision of a licensed water well contractor and may have supervisory authority over nonlicensed employees.

(4) A licensed pump installation contractor may have supervisory authority over all employees.

(5) A licensed pump installation supervisor shall work under the supervision of a licensed pump installation contractor and may have supervisory authority over nonlicensed employees.

(6) A licensed water well monitoring technician may work independently and shall not have supervisory authority.

(7) A licensed natural resources ground water technician employed by a natural resources district may work independently and shall not have supervisory authority over any licensed or nonlicensed persons.

(8) An individual who owns land and uses it for farming, ranching, or agricultural purposes or as his or her place of abode may, on such land, construct a water well, install a pump in a well, or decommission a driven sandpoint well.

Laws 2007, LB463, § 1158;

Laws 2021, LB148, § 63.
Neb. Rev. Stat. § 58-858 — NE Code / Chapter 58 / Section 58-858
View Statute 58-858
Status: in_force

The authority may:

(1) Make loans;

(2) Participate in the financing of loans;

(3) Purchase or participate in the purchase of loans;

(4) Sell or participate in the sale of loans;

(5) Collect and pay reasonable fees and charges in connection with the exercise of the powers provided in subdivisions (1) through (4) of this section;

(6) Do all things necessary and convenient to carry out the purposes of sections 58-857 to 58-862 in connection with the administering and servicing of loans, including contracting with any person, firm, or other body, public or private;

(7) Enter into any agreements necessary to effect the guarantee, insuring, administering, or servicing of loans;

(8) Adopt and promulgate rules and regulations governing and establish standards for participation in the program created by section 58-857 , and establish other administrative procedures consistent with Public Law 94-484 ; and

(9) Exercise all powers incidental to or necessary for the performance of the powers authorized by this section.

Laws 1983, LB 159, § 8;

R.S.1943, (1994), § 79-2955;

Laws 1995, LB 5, § 55;

R.S.1943, (2008), § 85-1755;

Laws 2013, LB170, § 58.
Neb. Rev. Stat. § 46-709 — NE Code / Chapter 46 / Section 46-709
46-709
Status: in_force

Each district shall maintain a ground water management plan based upon the best available information and shall submit amendments to such plan to the Chief Water Officer for review and approval.

The plan shall include, but not be limited to, the identification to the extent possible of:

(1) Ground water supplies within the district including transmissivity, saturated thickness maps, and other ground water reservoir information, if available;

(2) Local recharge characteristics and rates from any sources, if available;

(3) Average annual precipitation and the variations within the district;

(4) Crop water needs within the district;

(5) Current ground water data-collection programs;

(6) Past, present, and potential ground water use within the district;

(7) Ground water quality concerns within the district;

(8) Proposed water conservation and supply augmentation programs for the district;

(9) The availability of supplemental water supplies, including the opportunity for ground water recharge;

(10) The opportunity to integrate and coordinate the use of water from different sources of supply;

(11) Ground water management objectives, including a proposed ground water reservoir life goal for the district. For management plans adopted or revised after July 19, 1996, the ground water management objectives may include any proposed integrated management objectives for hydrologically connected ground water and surface water supplies but a management plan does not have to be revised prior to the adoption or implementation of an integrated management plan pursuant to section 46-718 or 46-719 ;

(12) Existing subirrigation uses within the district;

(13) The relative economic value of different uses of ground water proposed or existing within the district; and

(14) The geographic and stratigraphic boundaries of any proposed management area.

If the expenses incurred by a district preparing or amending a ground water management plan exceed twenty-five percent of the district's current budget, the district may make application to the Nebraska Resources Development Fund for assistance.

Each district's ground water management plan shall also identify, to the extent possible, the levels and sources of ground water contamination within the district, ground water quality goals, long-term solutions necessary to prevent the levels of ground water contaminants from becoming too high and to reduce high levels sufficiently to eliminate health hazards, and practices recommended to stabilize, reduce, and prevent the occurrence, increase, or spread of ground water contamination.

Laws 1982, LB 375, § 3;

Laws 1983, LB 378, § 3;

Laws 1984, LB 1106, § 37;

R.S.1943, (1993), § 46-673.01;

Laws 1996, LB 108, § 18;

Laws 2000, LB 900, § 191;

Laws 2003, LB 619, § 12;

R.S.Supp.,2003, § 46-656.12;

Laws 2004, LB 962, § 49;

Laws 2025, LB317, § 209.
Neb. Rev. Stat. § 39-813 — NE Code / Chapter 39 / Section 39-813
View Statute 39-813
Status: in_force

In the event the substructure of such bridges or approaches is built wholly or in part of stone, brick, cement or concrete, the contract for the portion of the substructure to be built of such material shall be let at a specified sum per cubic foot in place.

Laws 1905, c. 126, § 3, p. 540;

R.S.1913, § 2958;

C.S.1922, § 2716;

C.S.1929, § 39-803;

R.S.1943, § 39-813.
Neb. Rev. Stat. § 2-1075.03 — NE Code / Chapter 2 / Section 2-1075.03
View Statute 2-1075.03
Status: in_force

Certification inspection of Nebraska-grown nursery stock shall mean an inspection performed pursuant to section 2-1095 .

Laws 2013, LB68, § 3.
Neb. Rev. Stat. § 31-332 — NE Code / Chapter 31 / Section 31-332
View Statute 31-332
Status: in_force

If for any reason the cost of the drainage works and improvements exceeds the amount of the tax levied against the lands and property as above set out, the board of supervisors may levy such other and further installments as may be necessary to complete the works and improvements, but the total amount of all such levies and installments shall in no event exceed the total amount of benefits assessed to the lands and property in the district, and such additional cost shall be apportioned to the lots, tracts, lands and property in the same proportion as in the first apportionment; Provided, the board of supervisors shall first give notice thereof by causing a publication to be made once a week for two consecutive weeks in some newspaper published in each county in the district, the last publication to be at least ten days before the day set for hearing. The board of supervisors may correct erroneous assessments and grant relief therefrom, and may correct clerical or other manifest errors in the schedules of the apportionment of the cost discovered after certification to the county clerk.

Laws 1909, c. 147, § 8, p. 517;

R.S.1913, § 1827;

C.S.1922, § 1774;

C.S.1929, § 31-431;

R.S.1943, § 31-332.

Provisions for tax levies refer to property within the district. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972).

Provisions for tax levies refer to property within the district. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972).
Neb. Rev. Stat. § 59-1757 — NE Code / Chapter 59 / Section 59-1757
View Statute 59-1757
Status: in_force

(1) No person shall, in connection with the offer, purchase, lease, or sale of any seller-assisted marketing plan:

(a) Use the trademark, service mark, trade name, logotype, or advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller in regard to the business opportunity unless it is clear from the circumstances that the owner of the commercial symbol has knowledge of and consents to such use and is not involved in the sale of the business opportunity;

(b) Make any claim or representation in advertising or promotional material or in any oral sales presentation, solicitation, or discussion between the seller and a prospective purchaser which is inconsistent with the information required to be disclosed by the Seller-Assisted Marketing Plan Act;

(c) Make or cause to be made any representation to any prospective purchaser that the Department of Banking and Finance has found any document filed under the act to be true, complete, and not misleading or has passed in any way upon the merits of or recommended or given approval to any seller-assisted marketing plan; or

(d) Directly or indirectly (i) employ any device, scheme, or artifice to defraud, (ii) make any untrue statement of a material fact or omit to state a material fact, or (iii) engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

(2) Any person, including, but not limited to, the seller, a salesperson, agent, or representative of the seller, or an independent contractor who attempts to sell or lease or sells or leases a seller-assisted marketing plan, who willfully violates any provision of the act or any order issued pursuant to section 59-1725.01 in connection with the offer, purchase, lease, or sale of any seller-assisted marketing plan shall be guilty of a Class IV felony.

(3) The Director of Banking and Finance may refer such evidence as is available concerning violations of the Seller-Assisted Marketing Plan Act or any order of the director to the Attorney General or county attorney who may, with or without reference from the director, initiate criminal proceedings pursuant to the act.

Laws 1979, LB 180, § 57;

Laws 1993, LB 218, § 24.
Neb. Rev. Stat. § 18-2412 — NE Code / Chapter 18 / Section 18-2412
View Statute 18-2412
Status: in_force

Person shall mean a natural person, public authority, private corporation, association, firm, partnership, limited liability company, or business trust of any nature whatsoever organized and existing under the laws of this state or of the United States or any other state thereof.

Laws 1981, LB 132, § 12;

Laws 1993, LB 121, § 144.
Neb. Rev. Stat. § 60-142.10 — NE Code / Chapter 60 / Section 60-142.10
View Statute 60-142.10
Status: in_force

For each certificate of title issued by the department under section 60-142.09 , the fee shall be twenty-five dollars, which shall be remitted to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.

Laws 2017, LB263, § 11.
Neb. Rev. Stat. § 8-2104 — NE Code / Chapter 8 / Section 8-2104
View Statute 8-2104
Status: in_force

(1) An out-of-state bank may establish and maintain a branch or acquire a branch in this state upon compliance with any applicable requirements of the Nebraska Model Business Corporation Act for registration or qualification to do business in this state.

(2) An out-of-state bank may engage in an interstate merger transaction in this state in which it is the resulting bank and establish one or more branches in this state. The out-of-state bank shall notify the department of the proposed interstate merger transaction involving a Nebraska state chartered bank within fifteen days after the date it files an application for an interstate merger transaction with its primary regulator.

(3) An out-of-state bank may conduct only those activities at its branch or branches in this state that are permissible under the laws of Nebraska or of the United States, except that an out-of-state bank with trust powers may exercise all trust powers in this state as a Nebraska bank with trust powers subject to the requirements of section 8-209 .

(4) All branches of an out-of-state bank shall comply with all applicable Nebraska laws and regulations in the conduct of their business in this state to the maximum extent authorized by federal law.

Laws 1997, LB 351, § 4;

Laws 2002, LB 1089, § 11;

Laws 2012, LB963, § 17;

Laws 2014, LB749, § 234.

Nebraska Model Business Corporation Act, see section 21-201 .