reglab/housing_qa huggingface dataset:
NE Code § 25-1037 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1037 - Several attachments; same property; reference.

25-1037.  Several attachments; same property; reference.Where several attachments are executed on the same property, or the same persons are made garnishees, the court, on the motion of any of the plaintiffs, may order a reference to ascertain and report the amounts and priorities of the several attachments.Source   R.S.1867, Code § 232, p. 432;   R.S.1913, § 7766;   C.S.1922, § 8710;   C.S.1929, § 20-1037;   R.S.1943, § 25-1037. Annotations  Mere fact that party claims to be owner of attached property does not give him right to intervene in attachment suit and thus have question of his ownership determined in such suit. Geis v. Geis, 125 Neb. 394, 250 N.W. 252 (1933). Second attaching creditor may intervene to try priority of liens. Deere, Wells & Co. v. Eagle Mfg. Co., 49 Neb. 385, 68 N.W. 504 (1896). Court has authority to adjudicate priorities between attaching creditors. State ex rel. Austrian, Wise & Co. v. Duncan, 37 Neb. 631, 56 N.W. 214 (1893).
NE Code § 25-1039 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1039 - Attachment; additional security; right of defendant to require.

25-1039.  Attachment; additional security; right of defendant to require.The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if, on such motion, the court is satisfied that the surety in the plaintiff's undertaking has removed from this state, or is not sufficient for the amount thereof, it may vacate the order of attachment and direct restitution of any property taken under it, unless in a reasonable time, to be fixed by the court, sufficient security is given by the plaintiff.Source   R.S.1867, Code § 234, p. 432;   R.S.1913, § 7768;   C.S.1922, § 8712;   C.S.1929, § 20-1039;   R.S.1943, § 25-1039.
NE Code § 25-1041 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1041 - Attachment; motion to discharge; evidence.

25-1041.  Attachment; motion to discharge; evidence.The hearing of the motion to discharge shall be a trial of the issue of the existence, at the time of the issuance of the order, of one or more of the grounds of attachment listed in section 25-1001, as alleged in the affidavits under section 25-1002. The court shall discharge an order of attachment unless the plaintiff proves by a preponderance of the evidence one of the grounds alleged under section 25-1001 upon which the writ was issued. The court may order that the evidence at the hearing of the motion to discharge be presented, in whole or part, by affidavits in the form prescribed by section 25-1334, for affidavits in support of or in opposition to a motion for summary judgment. In all cases in which the court does not so order, evidence presented at the hearing of the motion to discharge shall be governed by the Nebraska Evidence Rules.Source   R.S.1867, Code § 236, p. 432;   R.S.1913, § 7770;   C.S.1922, § 8714;   C.S.1929, § 20-1041;   R.S.1943, § 25-1041;   Laws 1980, LB 597, § 13.  Cross References  Nebraska Evidence Rules, see section 27-1103.Annotations  Where grounds are denied, burden is on plaintiff. Malcolm Savings Bank v. Cronin, 80 Neb. 231, 116 N.W. 150 (1908). Affidavits sworn to before attorney in case, if objected to, cannot be used. Malcolm Savings Bank v. Cronin, 80 Neb. 228, 114 N.W. 158 (1907). Whether plaintiff may use oral evidence is discretionary with trial court. Kountze v. Scott, 52 Neb. 460, 72 N.W. 585 (1897). Hearing on motion to discharge is a "trial," for which justice may charge fee. Gibson v. Sidney, 50 Neb. 12, 69 N.W. 314 (1896). Plaintiff must prove grounds to satisfaction of court; may open and close, in discretion of court. Citizens State Bank v. Baird, 42 Neb. 219, 60 N.W. 551 (1894). Affidavits constitute pleadings; plaintiff opens and closes and has burden of proof. Jordan v. Dewey, 40 Neb. 639, 59 N.W. 88 (1894). Findings of trial court should not be disturbed unless clearly wrong. Fremont Brewing Co. v. Pekarek, 4 Neb. Unof. 531, 95 N.W. 12 (1903). Manner of taking evidence on hearing is discretionary with trial court. Dittman Boot & Shoe Co. v. Graff, 3 Neb. Unof. 165, 91 N.W. 188 (1902).
NE Code § 25-1042 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1042 - Attachment; county court; procedure.

25-1042.  Attachment; county court; procedure.Sections 25-1039 to 25-1041 shall apply to actions before county courts.Source   Laws 1875, § 1, p. 44;   R.S.1913, § 7771;   C.S.1922, § 8715;   C.S.1929, § 20-1042;   R.S.1943, § 25-1042;   Laws 1972, LB 1032, § 126.
NE Code § 25-1043 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1043 - Attachment of lands in another county; copy to be filed with register of deeds.

25-1043.  Attachment of lands in another county; copy to be filed with register of deeds.Whenever an attachment shall issue to any other county than the one in which the action is brought, and any lands shall be attached by virtue thereof, it shall be the duty of the officer attaching such property to make out a true copy of the order of attachment, and file the same in the office of the register of deeds of the county where the lands so attached are situated. He shall also certify upon the copy of said order of attachment that the same is a true copy of the original writ received by him, and he shall also endorse thereon the description of the property attached, and the time when the same was attached, under and by virtue of the original order of attachment.Source   G.S.1873, c. 57, § 1, p. 714;   R.S.1913, § 7772;   C.S.1922, § 8716;   C.S.1929, § 20-1043;   R.S.1943, § 25-1043.
NE Code § 25-1044 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1044 - Attachment of lands in another county; writ and certificate; recording constitutes notice.

25-1044.  Attachment of lands in another county; writ and certificate; recording constitutes notice.It shall be the duty of the register of deeds of the county, when the copy of the order of attachment has been filed as provided in section 25-1043, to record the same in the miscellaneous record, together with the certificate of the officers heretofore mentioned, and such copy of said orders of attachment and certificates so filed and recorded shall be sufficient notice to subsequent purchasers of the land so attached.Source   G.S.1873, c. 57, § 2, p. 714;   R.S.1913, § 7773;   C.S.1922, § 8717;   C.S.1929, § 20-1044;   R.S.1943, § 25-1044.
NE Code § 25-1045 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1045 - Attachment; discharge; duty of clerk to certify; duty of register of deeds to record.

25-1045.  Attachment; discharge; duty of clerk to certify; duty of register of deeds to record.If the order of attachment is discharged it shall be the duty of the clerk of the court in which the action is brought to certify that fact, together with the time when the order was discharged, to the register of deeds in whose office the copy of the order has been recorded as aforesaid, whereupon such register shall file such certificate and write across the record of such copy the word "discharged," and also the time of discharge as shown in the certificate.Source   G.S.1873, c. 57, § 3, p. 714;   R.S.1913, § 7774;   C.S.1922, § 8718;   C.S.1929, § 20-1045;   R.S.1943, § 25-1045.
NE Code § 25-1046 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1046 - Attachment; copy of order; taxation as costs.

25-1046.  Attachment; copy of order; taxation as costs.The officer, for making out said copy of the same, shall receive such compensation as is now allowed by law for similar services, to be taxed in the costs, unless otherwise ordered by the court.Source   G.S.1873, c. 57, § 4, p. 714;   R.S.1913, § 7775;   C.S.1922, § 8719;   C.S.1929, § 20-1046;   R.S.1943, § 25-1046.
NE Code § 25-1047 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1047 - Attachment; order of discharge; when and how superseded.

25-1047.  Attachment; order of discharge; when and how superseded.When an order is made discharging an attachment and any party affected thereby shall except to such order, the court or judge shall thereupon fix a time, not exceeding twenty days thereafter, within which such party may file his petition in error or perfect an appeal from such order during which time the attached property shall remain in the hands of the sheriff or other officer; Provided, no such appeal or petition in error shall operate to supersede such order unless such appellant or plaintiff in error shall, within the time so fixed, execute to the adverse party an undertaking, with sureties to be approved by the clerk or judge and conditioned for the payment of all damage which may be sustained by such adverse party, in consequence of such appeal or petition in error, in the event that such attachment be finally discharged as having been unlawfully issued.Source   G.S.1873, c. 57, § 1, p. 715;   R.S.1913, § 7776;   C.S.1922, § 8720;   C.S.1929, § 20-1047;   R.S.1943, § 25-1047. Annotations  1. Bond 2. Miscellaneous 1. Bond This section does not violate due process under the second prong of the test stated in the U.S. Supreme Court case Connecticut v. Doehr, 501 U.S. 1, 111 S. Ct. 2105, 115 L. Ed. 2d 1 (1991), because it allows continued attachment of the property at issue in only those instances in which the plaintiff posts a bond to protect the defendant from any damages suffered in the event that the order of discharge is affirmed on appeal. Andrews v. Schram, 252 Neb. 298, 562 N.W.2d 50 (1997). Filing petition and approval of bond in proper time continues lien; summons is not condition to superseding judgment. McDonald v. Bowman, 40 Neb. 269, 58 N.W. 704 (1894). If petition and bond are not filed in twenty days, garnishee is discharged. Lehnoff & Soennichsen v. Fisher, 32 Neb. 107, 48 N.W. 821 (1891). Bond is necessary only to preserve lien. Adams County Bank v. Morgan, 26 Neb. 148, 41 N.W. 993 (1889). Property must be returned at end of twenty days unless petition in error and bond filed. State ex rel. Rieschick v. Cunningham, 9 Neb. 146, 1 N.W. 1011 (1879). Party giving bond cannot deny property belonged to defendants. Metcalf v. Bockoven, 1 Neb. Unof. 822, 96 N.W. 406 (1901). 2. Miscellaneous Motion that attachment writ be quashed, in form of special appearance, and order sustaining motion, entitle plaintiff to appeal. National Surety Co. v. Love, 102 Neb. 633, 168 N.W. 597 (1918); Legan v. Smith, 98 Neb. 682, 154 N.W. 228 (1915). Appeal continues lien and brings ruling of justice discharging attachment to district court for review. Rhodes v. Samuels, 67 Neb. 1, 93 N.W. 148 (1903). Applies to all courts. Osborne v. Canfield, 33 Neb. 330, 50 N.W. 167 (1891). Order overruling motion to discharge is not final order. Wilson v. Shepherd, 15 Neb. 15, 16 N.W. 826 (1883).
NE Code § 25-1048 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1048 - Attachment; order of discharge; appeal; original action unaffected.

25-1048.  Attachment; order of discharge; appeal; original action unaffected.The original action shall proceed to trial and judgment in every other respect as though no writ of error has been prosecuted.Source   G.S.1873, c. 57, § 2, p. 715;   R.S.1913, § 7777;   C.S.1922, § 8721;   C.S.1929, § 20-1048;   R.S.1943, § 25-1048. Annotations  Proper dissolution of an attachment issued on a contractual obligation not yet due terminates action. McCartney v. McCartney, 128 Neb. 671, 260 N.W. 184 (1935). Justice may proceed with original action though error proceedings taken on attachment. Rhodes v. Samuels, 67 Neb. 1, 93 N.W. 148 (1903).
NE Code § 25-1049 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1049 - Attachment; claims not due; action authorized; when.

25-1049.  Attachment; claims not due; action authorized; when.A creditor may bring an action on a claim before it is due and have an attachment against the property of the debtor (1) where a debtor has sold, conveyed, or otherwise disposed of his property, with the fraudulent intent to cheat or defraud his creditors, or to hinder or delay them in the collection of their debts; (2) where he is about to make such sale, conveyance, or disposition of his property with such fraudulent intent; or (3) where he is about to remove his property, or a material part thereof, with the intent or to the effect of cheating or defrauding his creditors, or of hindering and delaying them in the collection of their debts.Source   R.S.1867, Code § 237, p. 432;   R.S.1913, § 7778;   C.S.1922, § 8722;   C.S.1922, § 20-1049;   R.S.1943, § 25-1049. Annotations  In an action on a claim before it is due, an attachment is allowable only on grounds and conditions prescribed by statute. McCartney v. McCartney, 128 Neb. 671, 260 N.W. 184 (1935). Surety paying note before due may attach, if payee could. Danker v. Jacobs, 79 Neb. 435, 112 N.W. 579 (1907). When a debtor has committed any one of the fraudulent acts enumerated in this section, creditor may maintain an action on a claim before it is due. Cox & Cornell v. Peoria Mfg. Co., 42 Neb. 660, 60 N.W. 933 (1894). An action can be maintained on a claim before it is due only in the exceptional cases enumerated in this section. Caulfield v. Bittenger, 37 Neb. 542, 56 N.W. 302 (1893). Filing of affidavit is a request to grant writ and written application in addition is unnecessary. Winchell v. McKinzie, 35 Neb. 813, 53 N.W. 975 (1892).
NE Code § 25-1050 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1050 - Attachment; claims not due; procedure; affidavit required.

25-1050.  Attachment; claims not due; procedure; affidavit required.The attachment authorized by section 25-1049 may be granted by the court in which the action is brought, or by a judge thereof, or by the county judge of the county; but before such action shall be brought or such attachment shall be granted, an affidavit or affidavits shall be presented to the judge; such affidavits shall be based upon personal knowledge and shall state specific facts demonstrating (1) that plaintiff will possess a valid cause of action against the defendant when the claim becomes due, (2) the date when the claim shall be due, (3) the amount of the claim, (4) a description of the existence and approximate value of any of defendant's property known to the plaintiff to be within the jurisdiction of the court and not exempt from attachment, and (5) the existence of any one of the grounds for attachment enumerated in section 25-1049.Source   R.S.1867, Code § 238, p. 433;   R.S.1913, § 7779;   C.S.1922, § 8723;   C.S.1929, § 20-1050;   R.S.1943, § 25-1050;   Laws 1980, LB 597, § 14.  Annotations  Neither county judge nor Supreme Judges can allow attachment in district court action when district judge is present in county. Ferson v. Armour & Co., 103 Neb. 809, 174 N.W. 425 (1919). Subsequent attaching creditors may intervene and contest attachment made without order. Deere, Wells & Co. v. Eagle Mfg. Co., 49 Neb. 385, 68 N.W. 504 (1896). Affidavit, not petition, must show grounds for attachment. Cox & Cornell v. Peoria Mfg. Co., 42 Neb. 660, 60 N.W. 933 (1894). Order allowing attachment is judicial act, and void if made on holiday. Merchants Nat. Bank of Omaha v. Jaffray, 36 Neb. 218, 54 N.W. 258 (1893). Order authorizing attachment is not void though seal of court is omitted; it is amendable. Winchell v. McKinzie, 35 Neb. 813, 53 N.W. 975 (1892). An attachment on debt before due can only be had in exceptional cases, and jurisdictional steps must be taken. Gamble v. Wilson, 33 Neb. 270, 50 N.W. 3 (1891). It is unnecessary for affiant to state he is plaintiff, agent, or attorney. Reed, Jones & Co. v. Bagley, 24 Neb. 332, 38 N.W. 827 (1888). Affidavit should state facts and not be merely in language of statute. Seidentopf v. Annabil, 6 Neb. 524 (1877).
NE Code § 25-1051 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1051 - Attachment order in actions on claims not due; refusal requires dismissal of action.

25-1051.  Attachment order in actions on claims not due; refusal requires dismissal of action.If the court or judge refuse to grant an order of attachment as provided in sections 25-1049 and 25-1050, the action shall be dismissed, but without prejudice to a future action; and in all such actions application for an attachment must be made.Source   R.S.1867, Code § 239, p. 433;   R.S.1913, § 7780;   C.S.1922, § 8724;   C.S.1929, § 20-1051;   R.S.1943, § 25-1051. Annotations  Dissolution of attachment terminates main action. Dayton Spice-Mills Co. v. Sloan, 49 Neb. 622, 68 N.W. 1040 (1896). Action depends upon attachment. Cox & Cornell v. Peoria Mfg. Co., 42 Neb. 660, 60 N.W. 933 (1894).
NE Code § 25-1052 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1052 - Attachment order in actions on claims not due; amount; specification.

25-1052.  Attachment order in actions on claims not due; amount; specification.The order of the court or judge granting the attachment shall specify the amount for which it is allowed, not exceeding a sum sufficient to satisfy the plaintiff's claim and the probable costs of the action.Source   R.S.1867, Code § 240, p. 433;   R.S.1913, § 7781;   C.S.1922, § 8725;   C.S.1929, § 20-1052;   R.S.1943, § 25-1052. Annotations Order need not appear on face of writ. Armstrong v. Lynch, 29 Neb. 87, 45 N.W. 274 (1890).
NE Code § 25-1054 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1054 - Attachment in actions on claims not due; judgment; when rendered.

25-1054.  Attachment in actions on claims not due; judgment; when rendered.The plaintiff in such action shall not have judgment on his claim before it becomes due, and the proceedings on attachment may be conducted without delay.Source   R.S.1867, Code § 242, p. 433;   R.S.1913, § 7783;   C.S.1922, § 8727;   C.S.1929, § 20-1054;   R.S.1943, § 25-1054. Annotations  Attachment will not support creditor's bill to set aside fraudulent conveyance. Ainsworth v. Roubal, 74 Neb. 723, 105 N.W. 248 (1905). Judgment cannot be entered before claim is due. Cox & Cornell v. Peoria Mfg. Co., 42 Neb. 660, 60 N.W. 933 (1894). Purchase-money mortgage given to secure particular debt remains valid in equity regardless of form the debt may assume, if it can be traced. Troyer v. Mundy, 60 F.2d 818 (8th Cir. 1932).
NE Code § 25-1055 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1055 - Attachment in actions on claims not due; procedure in general.

25-1055.  Attachment in actions on claims not due; procedure in general.The proceedings under general attachment provided for in sections 25-1004 to 25-1041, so far as they are applicable, shall regulate the attachments authorized on claims before due.Source   R.S.1867, Code § 243, p. 433;   R.S.1913, § 7784;   R.S.1922, § 8728;   C.S.1929, § 20-1055;   R.S.1943, § 25-1055. Annotations Previous sections of this article regulate attachments before judgment. Insurance Co. of North America v. Maxim's of Nebraska, 178 Neb. 274, 132 N.W.2d 885 (1965).
NE Code § 25-1062 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1062 - Injunction, defined.

25-1062.  Injunction, defined.The injunction provided by this code is a command to refrain from a particular act. It may be the final judgment in an action or may be allowed as a provisional remedy, subject to the provisions of sections 25-1062 to 25-1080, and when so allowed it shall be by order. The writ of injunction is abolished.Source   R.S.1867, Code § 250, p. 435;   R.S.1913, § 7791;   C.S.1922, § 8735;   C.S.1929, § 20-1062;   Laws 1941, c. 29, § 2, p. 133;   C.S.Supp.,1941, § 20-1062;   R.S.1943, § 25-1062. Annotations  An injunction to stay proceedings at law is not properly directed against a court or statutory tribunal before which the matter is pending, but lies solely against the parties to such proceeding. Massman Constr. Co. v. Nebraska Workmen's Compensation Court, 141 Neb. 270, 3 N.W.2d 639 (1942). An injunction is a command to refrain from a particular act. Conrad v. Kaup, 137 Neb. 900, 291 N.W. 687 (1940). The term injunction includes restraining order. Behrens v. Smith Baking Co., 130 Neb. 651, 266 N.W. 61 (1936). Order restrains only party against whom directed and subordinates. Boyd v. State, 19 Neb. 128, 26 N.W. 925 (1886). Because injunctions are provided for in this section of Chapter 25, a suit for an injunction is an action and not a special proceeding. O'Connor v. Kaufman, 6 Neb. App. 382, 574 N.W.2d 513 (1998).
NE Code § 25-1062.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1062.01 - Director of Natural Resources, defined; notice to appropriator; how given.

25-1062.01.  Director of Natural Resources, defined; notice to appropriator; how given.(1) The words Director of Natural Resources as used in this section and in sections 25-1064, 25-2159, and 25-2160 mean the Director of Natural Resources, State of Nebraska, his or her successor in office, or any agent, servant, employee, or officer of the State of Nebraska, now or hereafter exercising any powers or duties with respect to the administration of the irrigation water in the state, who may be a party in any court of the state in an action when the relief demanded involves the delivery of irrigation water.(2) Whenever notice by either registered or certified letter to an appropriator is required in such sections, the address of the appropriator shall be that recorded in the office of the Department of Natural Resources under section 46-230.Source   Laws 1941, c. 29, § 1, p. 133;   C.S.Supp.,1941, § 20-10,111;   R.S.1943, § 25-1062.01;   Laws 1957, c. 242, § 14, p. 828;   Laws 1957, c. 365, § 1, p. 1232;   Laws 1986, LB 516, § 10;  Laws 2000, LB 900, § 65.
NE Code § 25-1064.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1064.01 - Order granting an injunction; restraining order; requirements.

25-1064.01.  Order granting an injunction; restraining order; requirements.Every order granting an injunction and every restraining order shall: (1) Set forth the reasons for its issuance; (2) be specific in terms; (3) describe in reasonable detail, and not by reference to the pleading or other document, the act or acts sought to be restrained; and (4) be binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.Source   Laws 1986, LB 516, § 12;  Laws 2002, LB 876, § 21.
NE Code § 25-1064.02 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1064.02 - Sections, how construed.

25-1064.02.  Sections, how construed.Sections 25-1062.01 and 25-1064 to 25-1064.02 shall in no way limit a person's right to an injunction or temporary restraining order if such remedies are specifically authorized by statute.Source  Laws 1986, LB 516, § 13.