reglab/housing_qa huggingface dataset:
NE Code § 25-1305 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1305 - Federal court judgment; transcript to other county; effect.

25-1305.  Federal court judgment; transcript to other county; effect.A transcript of any judgment or decree rendered in a circuit or district court of the United States within the State of Nebraska, may be filed in the office of the clerk of the district court in any county in this state. Such transcript, when so filed and entered on the judgment index, shall be a lien on the property of the debtor in any county in which such transcript is so filed, in the same manner and under the same conditions only as if such judgment or decree had been rendered by the district court of such county. Such transcript shall at no time have a greater validity or effect than the original judgment. The lands and tenements of the debtor within the county where the judgment is entered shall be bound for the satisfaction thereof from the day on which such judgment is rendered without the filing of a transcript. Orders reviving dormant judgments shall become liens upon the lands and tenements of the judgment debtor only when such order is entered on the judgment index in the same manner as an original judgment.Source   Laws 1889, c. 30, § 1, p. 377;   R.S.1913, § 7998;   C.S.1922, § 8939;   Laws 1929, c. 83, § 1, p. 332;   C.S.1929, § 20-1305;   R.S.1943, § 25-1305;  Laws 2018, LB193, § 20.  Annotations  On appeal under this section, parties retain the same status in district court as they had in tribunal below. School Dist. of Wilber v. Pracheil, 180 Neb. 121, 141 N.W.2d 768 (1966). Federal court judgment is lien on real estate only in county where rendered, unless transcript is filed in other counties. Rathbone Co. v. Kimball, 117 Neb. 229, 220 N.W. 244 (1928).
NE Code § 25-1306 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1306 - Dissolution of lien; deposit; bond; appellate proceedings.

25-1306.  Dissolution of lien; deposit; bond; appellate proceedings.In all cases wherein the judgment of any court, for payment of money only, which may be a general lien on property of the judgment debtor, and the debtor proposes to take proceedings in error or by appeal for review of such judgment, he may deposit in the court in which such judgment is rendered the full sum of such judgment, interest and costs, there to abide until termination of such appellate proceedings, and may file bond in such sum as the court or judge thereof may determine, with sureties to the approval of the clerk of such court, conditioned to pay interest on the judgment debt and costs to accrue in event the judgment be affirmed. On such payment being made, and such bond filed and approved, the general lien of the judgment shall be dissolved.Source   Laws 1893, c. 42, § 1, p. 383;   R.S.1913, § 7999;   C.S.1922, § 8940;   C.S.1929, § 20-1306;   R.S.1943, § 25-1306. Annotations  This section provides for filing of petition and answer in an appeal under this section. School Dist. of Wilber v. Pracheil, 180 Neb. 121, 141 N.W.2d 768 (1966). Under Nebraska law, which applies to a foreign judgment after the judgment is filed in Nebraska, once a party appeals a monetary judgment for money only and files a supersedeas bond which is approved by the court in which judgment was rendered, the general lien resulting from the judgment is dissolved. Anderson v. Werner Enters., Inc., 7 Neb. App. 294, 581 N.W.2d 104 (1998).
NE Code § 25-1307 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1307 - Dissolution of lien; disposition of deposit.

25-1307.  Dissolution of lien; disposition of deposit.If such judgment be affirmed, the money so deposited shall be paid to the judgment creditor, but if such judgment be reversed, the debtor may withdraw such deposit.Source   Laws 1893, c. 42, § 2, p. 384;   R.S.1913, § 8000;   C.S.1922, § 8941;   C.S.1929, § 20-1307;   R.S.1943, § 25-1307.
NE Code § 25-1308 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1308 - Judgment upon failure to answer; procedure.

25-1308.  Judgment upon failure to answer; procedure.If the taking of an account, or the proof of a fact, or the assessment of damages, be necessary to enable the court to pronounce judgment upon a failure to answer, or after a decision of an issue of law, the court may, with the assent of the party not in default, take the account, hear the proof, or assess the damages; or may, with the like assent, refer the same to a referee, master, or commissioner, or may direct the same to be ascertained or assessed by a jury. If a jury be ordered, it shall be on or after the day on which the action is set for trial. This section shall not be construed to impair the right of a party to a jury if he appear at the trial by himself or attorney, and demand the same.Source   R.S.1867, Code § 432, p. 466;   R.S.1913, § 8001;   C.S.1922, § 8942;   C.S.1929, § 20-1308;   R.S.1943, § 25-1308. Annotations  Modification of child custody and support in a dissolution action is a special proceeding, and thus, the statute governing the procedure for a default judgment in a civil action is not controlling. Fitzgerald v. Fitzgerald, 286 Neb. 96, 835 N.W.2d 44 (2013). This section applies where it is necessary to make proof of allegations of value and amount of damage, and did not apply to creditor's bill. Danbom v. Danbom, 132 Neb. 858, 273 N.W. 502 (1937). Where only issue presented by answer was one of law, court properly proceeded under this section. Bankers' Reserve Life Assn. v. Finn, 64 Neb. 105, 89 N.W. 672 (1902).
NE Code § 25-1309 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1309 - Right to confess judgment; creditor's assent necessary.

25-1309.  Right to confess judgment; creditor's assent necessary.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.Source   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. Annotations  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). 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). 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).
NE Code § 25-1310 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1310 - Judgment by confession; contents.

25-1310.  Judgment by confession; contents.The debt or cause of action shall be briefly stated in the judgment, or in a writing to be filed as pleadings in other actions.Source   R.S.1867, Code § 434, p. 466;   R.S.1913, § 8003;   C.S.1922, § 8944;   C.S.1929, § 20-1310;   R.S.1943, § 25-1310. Annotations The provisions of this section are applicable to only civil proceedings. Dunham v. O'Grady, 137 Neb. 649, 290 N.W. 723 (1940).
NE Code § 25-1311 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1311 - Enforcement of judgment.

25-1311.  Enforcement of judgment.Such judgment shall authorize the same proceedings for its enforcement as judgments rendered in actions regularly brought and prosecuted; and the confession shall operate as a release of errors.Source   R.S.1867, Code § 435, p. 466;   R.S.1913, § 8004;   C.S.1922, § 8945;   C.S.1929, § 20-1311;   R.S.1943, § 25-1311.
NE Code § 25-1312 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1312 - Confession of judgment by attorney; warrant; requirements.

25-1312.  Confession of judgment by attorney; warrant; requirements.Every attorney who shall confess judgment in any case, shall, at the time of making such confession, produce the warrant of attorney for making the same to the court before which he makes the confession; and the original or a copy of the warrant shall be filed with the clerk of the court in which the judgment shall be entered.Source   R.S.1867, Code § 436, p. 466;   R.S.1913, § 8005;   C.S.1922, § 8946;   C.S.1929, § 20-1312;   R.S.1943, § 25-1312. Annotations  Judgment on appeal, entered by consent, is not "judgment by confession." Wabaska Electric Co. v. City of Blue Springs, 84 Neb. 577, 122 N.W. 21 (1909). County attorney must show warrant, or judgment against county is void. Custer County v. Chicago, B. & Q. R. R. Co., 62 Neb. 657, 87 N.W. 341 (1901). Judgment by confession against corporation, unless warrant of attorney is produced, is void. Fogg v. Ellis, 61 Neb. 829, 86 N.W. 494 (1901). Authority of attorney to confess judgment under warrant in promissory note, without issuance of summons, raised but not decided. Wiley v. Neal, 24 Neb. 141, 37 N.W. 926 (1888).
NE Code § 25-1313 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1313 - Jury trial; judgment by court; entry of order.

25-1313.  Jury trial; judgment by court; entry of order.When a trial by jury has been had, judgment must be ordered by the court and entered upon the record in conformity to the verdict, unless it is special, or the court orders the case to be reserved for future argument or consideration.Source   R.S.1867, Code § 438, p. 467;   R.S.1913, § 8006;   C.S.1922, § 8947;   C.S.1929, § 20-1313;   R.S.1943, § 25-1313;   Laws 1961, c. 111, § 3, p. 350;  Laws 2020, LB387, § 39.  Annotations  There was no compliance with this section or its alternatives. Northwestern Public Service Co. v. Juhl, 177 Neb. 625, 129 N.W.2d 570 (1964). It is the duty of the clerk to render judgment on verdict. Webber v. City of Scottsbluff, 155 Neb. 48, 50 N.W.2d 533 (1951). Judgment was properly entered the same day verdict was received. Hamaker v. Patrick, 123 Neb. 809, 244 N.W. 420 (1932); Wiegand v. Lincoln Traction Co., 123 Neb. 766, 244 N.W. 298 (1932). When verdict is general, it is clerk's duty to render judgment in conformity therewith, unless otherwise ordered. Crete Mills v. Stevens, 120 Neb. 794, 235 N.W. 453 (1931). Where jury verdict finds for plaintiff but awards incorrect amount, court cannot recompute and enter judgment for proper amount; only remedy is motion for new trial. Kenesaw Mill & Elevator Co. v. Aufdenkamp, 106 Neb. 246, 183 N.W. 294 (1921). It is error to enter judgment for amount of verdict if in excess of amount claimed; party may remit. Davis v. Hall, 70 Neb. 678, 97 N.W. 1023 (1904). Court may reserve case on specific law points which must be stated in record; not on sufficiency of evidence. Barge v. Haslam, 65 Neb. 656, 91 N.W. 528 (1902). Failure to enter judgment at term; court may enter later. Toogood v. Russell, 3 Neb. Unof. 189, 91 N.W. 249 (1902).
NE Code § 25-1314 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1314 - Entry of judgment by court; when required.

25-1314.  Entry of judgment by court; when required.Where the verdict is special, or where there has been a special finding on particular questions of fact, or where the court has ordered the case to be reserved, it shall order what judgment shall be entered.Source   R.S.1867, Code § 439, p. 467;   R.S.1913, § 8007;   C.S.1922, § 8948;   C.S.1929, § 20-1314;   R.S.1943, § 25-1314. Annotations Special circumstances of case required trial court to order what judgment should be entered. Bell v. Crook, 168 Neb. 685, 97 N.W.2d 352 (1959).
NE Code § 25-1315.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1315.01 - Motion for directed verdict; joinder; effect; requisites.

25-1315.01.  Motion for directed verdict; joinder; effect; requisites.A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor.Source  Laws 1947, c. 88, § 1, p. 267.Annotations  Although a motion for directed verdict should state the specific grounds therefor, where proof relating to a specific issue is so clear and convincing that reasonable minds cannot reach different conclusions, it is the duty of the trial court to enter judgment in accordance with the evidence. Hill v. City of Lincoln, 249 Neb. 88, 541 N.W.2d 655 (1996). In the absence of a showing of prejudice, error may not be predicated on failure to state reasons in motion for directed verdict. Swink v. Smith, 173 Neb. 423, 113 N.W.2d 515 (1962). Motion for directed verdict should set forth specific grounds. Allied Building Credits, Inc. v. Damicus, 167 Neb. 390, 93 N.W.2d 210 (1958); Segebart v. Gregory, 156 Neb. 261, 55 N.W.2d 678 (1952). Motion sufficiently stated the specific grounds therefor. Sullivan v. Omaha & C. B. St. Ry. Co., 160 Neb. 342, 70 N.W.2d 98 (1955). Although joined in by all parties, motion for directed verdict raises only questions of law and does not constitute waiver of a jury trial. In re Estate of Coons, 154 Neb. 690, 48 N.W.2d 778 (1951). Act applies only in a case in which a motion for a directed verdict is made at the close of the evidence. In re Estate of Kinsey, 152 Neb. 95, 40 N.W.2d 526 (1949).
NE Code § 25-1316 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1316 - Judgment upon counterclaim or setoff.

25-1316.  Judgment upon counterclaim or setoff.If a counterclaim or setoff established at the trial exceeds the plaintiff's claim so established, judgment for the defendant must be given for the excess; or, if it appears that the defendant is entitled to any affirmative relief, judgment should be given therefor.Source   R.S.1867, Code § 441, p. 467;   R.S.1913, § 8009;   C.S.1922, § 8950;   C.S.1929, § 20-1316;   R.S.1943, § 25-1316. Annotations  It is approved practice for the judgment entry to show findings of the verdict for each party for computations of the judgment for excess. Crete Mills v. Stevens, 120 Neb. 794, 235 N.W. 453 (1931). Plaintiff's claim and counterclaim should be disposed of in one trial. Miller v. McGannon, 79 Neb. 609, 113 N.W. 170 (1907).
NE Code § 25-1317 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1317 - Judgment or order; infant's right reserved.

25-1317.  Judgment or order; infant's right reserved.It shall not be necessary to reserve, in a judgment or order, the right of an infant to show cause against it after his attaining twenty years of age; but in any case in which, but for this section, such reservation would have been proper, the infant, within one year after arriving at the age of twenty years, may show cause against such order or judgment.Source   R.S.1867, Code § 442, p. 467;   R.S.1913, § 8010;   C.S.1922, § 8951;   C.S.1929, § 20-1317;   R.S.1943, § 25-1317;   Laws 1972, LB 1049, § 5.  Annotations  Where infant, by guardian ad litem, unsuccessfully appealed from judgment against him, he cannot, after attaining his majority, open up judgment on ground of error in former proceedings. Foerster v. Helming, 105 Neb. 531, 181 N.W. 521 (1921). After period stated, minor is as conclusively bound as an adult. McCreary v. Creighton, 76 Neb. 179, 107 N.W. 240 (1906). Decree of strict foreclosure will not bar infant from showing cause against same. Stull v. Masilonka, 74 Neb. 322, 108 N.W. 166 (1906). Modifies chancery rules only as to form of decree; decree of sale of infant's lands is binding. Manfull v. Graham, 55 Neb. 645, 76 N.W. 19 (1898).
NE Code § 25-1326 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1326 - Judicial sale; conveyance of land by master commissioner; when allowed; postponement of sale; notice.

25-1326.  Judicial sale; conveyance of land by master commissioner; when allowed; postponement of sale; notice.(1) Real property may be conveyed by a master commissioner when (a) by an order or judgment in an action or a proceeding a party is ordered to convey such property to another and he or she neglects or refuses to comply with such order or judgment or (b) specific real property is required to be sold under an order or judgment of the court.(2) A master commissioner may, for any cause he or she deems expedient, postpone the sale of all or any portion of the real property from time to time until it is completed, and in every such case, notice of postponement shall be given by public declaration thereof by such master commissioner at the time and place last appointed for the sale. The public declaration of the notice of postponement shall include the new date, time, and place of sale. No other notice of the postponed sale need be given unless the sale is postponed for longer than forty-five days beyond the day designated in the notice of sale, in which event the notice thereof shall be given in the same manner as the original notice of sale is required to be given.Source   R.S.1867, Code § 451, p. 468;   R.S.1913, § 8019;   C.S.1922, § 8960;   C.S.1929, § 20-1326;   R.S.1943, § 25-1326;  Laws 2010, LB732, § 1. Annotations  Commissioner need not take oath; may administer oath to appraisers. George v. Keniston, 57 Neb. 313, 77 N.W. 772 (1899). Person designated by court to execute decree of foreclosure is a master commissioner. Northwestern Mutual Life Ins. Co. v. Mulvihill, 53 Neb. 538, 74 N.W. 78 (1898). Appointment of commissioner instead of sheriff to make sale of real estate rests in discretion of trial court. American Investment Co. v. Nye, 40 Neb. 720, 59 N.W. 355 (1894). Court may appoint sheriff or other person to conduct sale under mortgage foreclosure. State ex rel. Elliott v. Holliday, 35 Neb. 327, 53 N.W. 142 (1892). This section applies to all sales of real estate under process of court. McKeighan v. Hopkins, 14 Neb. 361, 15 N.W. 711 (1883).
NE Code § 25-1327 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1327 - Judicial sale; sheriff as master commissioner.

25-1327.  Judicial sale; sheriff as master commissioner.A sheriff may act as a master commissioner under subdivision (1)(b) of section 25-1326. Sales made under such subdivision shall conform in all respects to the laws regulating sales of land upon execution.Source   R.S.1867, Code § 452, p. 468;   R.S.1913, § 8020;   C.S.1922, § 8961;   C.S.1929, § 20-1327;   R.S.1943, § 25-1327;  Laws 2010, LB732, § 2. Annotations Officer cannot be compelled to advertise sale in any particular newspaper. State ex rel. Elliott v. Holliday, 35 Neb. 327, 53 N.W. 142 (1892).
NE Code § 25-1328 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1328 - Judicial sale; deed of commissioner; form and execution.

25-1328.  Judicial sale; deed of commissioner; form and execution.The deed of a master commissioner shall contain the like recital and shall be executed, acknowledged and recorded in the same manner as the deed of a sheriff of real property sold under execution.Source   R.S.1867, Code § 453, p. 468;   R.S.1913, § 8021;   C.S.1922, § 8962;   C.S.1929, § 20-1328;   R.S.1943, § 25-1328.
NE Code § 25-1331 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1331 - Defending party; right to move for summary judgment.

25-1331.  Defending party; right to move for summary judgment.A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.Source  Laws 1951, c. 65, § 2, p. 199.Annotations  A defendant is entitled to summary judgment if the defendant shows that an essential element of the plaintiff's cause of action is nonexistent. Tuttle & Assoc. v. Gendler, 237 Neb. 825, 467 N.W.2d 881 (1991). The defense of res judicata need not be raised by answer, but can be raised and passed upon for the first time on a motion for summary judgment. DeCosta Sporting Goods, Inc. v. Kirkland, 210 Neb. 815, 316 N.W.2d 772 (1982) Party in declaratory judgments proceeding may move for summary judgment. Arla Cattle Co. v. Knight, 174 Neb. 360, 118 N.W.2d 1 (1962). To receive consideration on appeal, affidavits used on motion for summary judgment must be made a part of the bill of exceptions. Peterson v. George, 168 Neb. 571, 96 N.W.2d 627 (1959). When a cause of action is commenced against an estate that has already been closed, the proper method of attacking the petition on the grounds that the estate has previously been closed and the personal representative discharged is through a motion for summary judgment, not a demurrer, because evidence beyond what appears on the face of the petition is usually necessary to establish that the estate has been closed and the personal representative discharged. Mach v. Schmer, 4 Neb. App. 819, 550 N.W.2d 385 (1996).
NE Code § 25-1333 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1333 - Case not fully adjudicated on motion.

25-1333.  Case not fully adjudicated on motion.If on motion under sections 25-1330 to 25-1336 judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.Source  Laws 1951, c. 65, § 4, p. 199. Annotations  The right of a party to sue as representative of a class may be raised by a motion for summary judgment. Blankenship v. Omaha P. P. Dist., 195 Neb. 170, 237 N.W.2d 86 (1976). Where each party files a motion for summary judgment in the district court, the Supreme Court can consider both motions and determine the controversy. Randall v. Erdman, 194 Neb. 390, 231 N.W.2d 689 (1975). The Summary Judgment Act grants the district court power to enter interlocutory orders eliminating issues upon which no genuine issue of fact is presented and requires a trial and final order or judgment upon the facts that are in good faith controverted. Burroughs Corp. v. James E. Simon Constr. Co., 192 Neb. 272, 220 N.W.2d 225 (1974). Court may specify the facts that appear without substantial controversy, and which facts are established for the trial. Hart v. Ronspies, 181 Neb. 38, 146 N.W.2d 795 (1966). Legislature distinguished summary judgment process from a trial. Otteman v. Interstate Fire & Cas. Co., Inc., 171 Neb. 148, 105 N.W.2d 583 (1960). Summary judgment on issue of liability, and submission of issue of damages to jury, was proper procedure. Rimmer v. Chadron Printing Co., 156 Neb. 533, 56 N.W.2d 806 (1953).