reglab/housing_qa huggingface dataset:
NE Code § 25-910 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-910 - Notice of motion; contents.

25-910.  Notice of motion; contents.Where notice of a motion is required, it must be in writing and shall state (1) the names of the parties to the action or proceeding in which it is to be made, (2) the name of the court or judge before whom it is to be made, (3) the place where and the day on which it will be heard, (4) the nature and terms of the order or orders to be applied for, and (5) if affidavits are to be used on the hearing, the notice shall state that fact. It shall be served a reasonable time before the hearing.Source   R.S.1867, Code § 574, p. 495;   R.S.1913, § 7726;   C.S.1922, § 8670;   C.S.1929, § 20-910;   R.S.1943, § 25-910. Annotations  Orders for alimony may be modified for good cause shown but nunc pro tunc decree entered without notice is a nullity. Howard v. Howard, 196 Neb. 351, 242 N.W.2d 884 (1976). Application or motion to set aside order vacating decree of divorce, and to reinstate decree, was after the term and required notice. Carmony v. Carmony, 112 Neb. 651, 200 N.W. 830 (1924). Notice not under seal of court is process in nature of summons. Fowler v. Brown, 51 Neb. 414, 71 N.W. 54 (1897). What is reasonable notice stated. Sterling Mfg. Co. v. Hough, 49 Neb. 618, 68 N.W. 1019 (1896). This section requires that when notice of a motion is required and if affidavits are to be used on the hearing, the notice shall state that fact. Galaxy Telecom v. SRS, Inc., 13 Neb. App. 178, 689 N.W.2d 866 (2004).
NE Code § 25-913 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-913 - Motion to strike pleadings and papers from files; notice, when.

25-913.  Motion to strike pleadings and papers from files; notice, when.Motions to strike pleadings and papers from the files may be made with or without notice, as the court or judge shall direct.Source   R.S.1867, Code § 577, p. 495;   R.S.1913, § 7729;   C.S.1922, § 8673;   C.S.1929, § 20-913;   R.S.1943, § 25-913. Annotations  Motions to strike filed under this section are aimed at petitions filed in violation of a court's order or a rule of practice or procedure prescribed either by statute or by the court in which the petition is filed. Motions to strike under this section may also be filed when a party declines to amend the petition or refuses to follow the court's orders. Nuss ex rel. Estate of Nuss v. Alexander, 257 Neb. 36, 595 N.W.2d 263 (1999). A motion to strike a petition is not a substitute for a demurrer or a motion to strike or make more definite and certain, and may be directed only to a petition filed in violation of a court's order or a rule of practice or procedure prescribed either by statute or by the court in which the petition is filed. Hecker v. Ravenna Bank, 237 Neb. 810, 468 N.W.2d 88 (1991). Petition may be stricken on motion if fatal defects extend to the pleading as a whole, or if the plaintiff, in filing it, ignored an order of court. Ferson v. Armour & Co., 109 Neb. 648, 192 N.W. 125 (1923). This section, as construed by the Supreme Court of Nebraska, applies in actions at law in federal courts, and petition failing to state cause of action may be stricken on motion. Jack v. Armour & Co., 291 F. 741 (8th Cir. 1923).
NE Code § 25-914 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-914 - Order, defined.

25-914.  Order, defined.Every direction of a court or judge, made or entered in writing and not included in a judgment, is an order.Source   R.S.1867, Code § 578, p. 495;   R.S.1913, § 7730;   C.S.1922, § 8674;   C.S.1929, § 20-914;   R.S.1943, § 25-914. Annotations  A docket entry/journal entry contained in the "Judges Notes" constituted an interlocutory order disposing of the party's motion to alter or amend; it did not need to be a separate file-stamped document. Pearce v. Mutual of Omaha Ins. Co., 28 Neb. App. 410, 945 N.W.2d 516 (2020). An unsigned journal entry without a file stamp can constitute an interlocutory order; but it cannot constitute a final, appealable order, particularly when it does not dispose of all issues. Pearce v. Mutual of Omaha Ins. Co., 28 Neb. App. 410, 945 N.W.2d 516 (2020).
NE Code § 25-915 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-915 - Orders out of court; record.

25-915.  Orders out of court; record.Orders made out of court shall be forthwith entered by the clerk in the record of the court in the same manner as orders made in term.Source   R.S.1867, Code § 579, p. 495;   R.S.1913, § 7731;   C.S.1922, § 8675;   C.S.1929, § 20-915;   R.S.1943, § 25-915;  Laws 2018, LB193, § 11.
NE Code § 25-1004 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1004 - Attachment; order; contents; service; manner.

25-1004.  Attachment; order; contents; service; manner.The order of attachment shall (1) require the sheriff to attach the lands, tenements, goods, chattels, stocks, or interest in stocks, rights, credits, money, and effects of the defendant in his or her county not exempt by law from being applied to the payment of the plaintiff's claim, or so much thereof as will satisfy the amount stated in the order of attachment; (2) inform the defendant of his or her right to obtain redelivery of the property attached by executing a redelivery bond in accordance with sections 25-1009 and 25-1024; and (3) inform the defendant of his or her right under section 25-1040, to move to discharge the attachment after service of the order upon him or her and of the plaintiff's obligation under section 25-1041, to prove the grounds upon which the attachment order was issued by a preponderance of the evidence if such a motion to discharge is made.The order of attachment shall be directed and delivered to the sheriff and shall be served on the defendant in any manner authorized by statute for service of a summons.Source   R.S.1867, Code § 201, p. 426;   R.S.1913, § 7735;   C.S.1922, § 8679;   C.S.1929, § 20-1004;   R.S.1943, § 25-1004;   Laws 1980, LB 597, § 4.  Annotations  Indebtedness of maker upon promissory note, before maturity, is not the subject of attachment. Fisher v. O'Hanlon, 93 Neb. 529, 141 N.W. 157 (1913). Writ is limited to seizure of property sufficient to satisfy amount plaintiff claims to be entitled to recover and probable costs. First Nat. Bank of Greenwood v. Van Doren, 68 Neb. 142, 93 N.W. 1017 (1903). Stock owned by defendant in domestic corporation may be reached by garnishment. Farmers' & Merchants' Nat. Bank v. Mosher, 63 Neb. 130, 88 N.W. 552 (1901). Order need not state nature of claim. Tessier v. Englehart & Co., 18 Neb. 167, 24 N.W. 734 (1885). Order need not recite filing of affidavit and bond. Tessier v. Crowley, 16 Neb. 369, 20 N.W. 264 (1884).
NE Code § 25-1005 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1005 - Attachment; several and successive orders; issuance to several counties; costs; taxation.

25-1005.  Attachment; several and successive orders; issuance to several counties; costs; taxation.Orders of attachment may be issued to the sheriffs of different counties; and several of them may, at the option of the plaintiff, be issued at the same time or in succession; but such only as have been executed shall be taxed in the costs, unless otherwise directed by the court.Source   R.S.1867, Code § 202, p. 426;   R.S.1913, § 7736;   C.S.1922, § 8680;   C.S.1929, § 20-1005;   R.S.1943, § 25-1005. Annotations  While order of attachment may issue to another county, garnishee summons cannot. Benedict v. T. L. V. Land & Cattle Co., 66 Neb. 236, 92 N.W. 210 (1902). Several orders of attachment may be issued at the same time, or in succession; but in such case only a simple affidavit is necessary. Thompson v. Stetson, 15 Neb. 112, 17 N.W. 368 (1883).
NE Code § 25-1006 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1006 - Attachment; order; return day.

25-1006.  Attachment; order; return day.The return day of the order of attachment, when issued at the commencement of the action, shall be the same as that of the summons; when issued afterwards, it shall be twenty days after it issued.Source   R.S.1867, Code § 203, p. 426;   R.S.1913, § 7737;   C.S.1922, § 8681;   C.S.1929, § 20-1006;   R.S.1943, § 25-1006. Annotations Action commenced when petition is filed and summons issued is bona fide. Coffman v. Brandhoeffer, 33 Neb. 279, 50 N.W. 6 (1891).
NE Code § 25-1007 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1007 - Attachment; several orders against same defendant; time of service.

25-1007.  Attachment; several orders against same defendant; time of service.When there are several orders of attachment against the same defendant, they shall be executed in the order in which they are received by the sheriff.Source   R.S.1867, Code § 204, p. 426;   R.S.1913, § 7738;   C.S.1922, § 8682;   C.S.1929, § 20-1007;   R.S.1943, § 25-1007. Annotations First levy has priority. Moore v. Fedewa, 13 Neb. 379, 14 N.W. 170 (1882).
NE Code § 25-1009 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1009 - Attachment or garnishment; delivery of property to defendant or garnishee; conditions.

25-1009.  Attachment or garnishment; delivery of property to defendant or garnishee; conditions.(1) The sheriff shall deliver the property attached to the person in whose possession it was found, and property or money seized in garnishment, to the defendant in the attachment proceedings, if the defendant be the true owner thereof, upon the delivery by such person, either to the sheriff at any time before the return of the sheriff of the attachment or garnishment process or to the clerk of the court, after the return by the sheriff to the court, of an undertaking to the plaintiff, with one or more sufficient sureties resident in the county, or a bonding company authorized to do business in the State of Nebraska, to the effect that the parties to the same are bound, in the amount of the appraised value thereof, or in the case of garnishment, in the amount of the value of the property or money in the hands of the garnishee, that the property or its appraised value in money shall be forthcoming to answer the judgment of the court in the action; but if it shall appear to the court that any part of said property has been lost or destroyed by unavoidable accident, the value thereof shall be remitted to the person so bound. In case of garnishment, the garnishee shall be discharged upon the approval of said bond.(2) If the defendant presents to the court, by affidavit or otherwise, specific facts demonstrating that no sureties are necessary to insure that the property or its appraised value in money shall be forthcoming to answer the judgment of the court in the action, the court may allow the undertaking to be executed by the defendant alone.Source   R.S.1867, Code § 206, p. 426;   R.S.1913, § 7740;   Laws 1915, c. 146, § 1, p. 316;   C.S.1922, § 8684;   C.S.1929, § 20-1009;   R.S.1943, § 25-1009;   Laws 1980, LB 597, § 5.  Annotations  Defendant who has given "forthcoming bond" under this section may move to dissolve attachment. Burnham-Munger-Root D. G. Co. v. Strahl, 102 Neb. 142, 166 N.W. 266 (1918). Principal in redelivery bond is estopped, in action thereon, to deny that he is owner of the attached property. Commercial Nat. Bank of Kearney v. Faser, 99 Neb. 105, 155 N.W. 601 (1915). After property is returned to officer, party may claim title in proper action. Runquist v. Anderson, 64 Neb. 755, 90 N.W. 760 (1902). Principal in bond is estopped to claim title to property. Cooper v. Davis Mill Co., 48 Neb. 420, 67 N.W. 178 (1896). Only officer holding writ may approve. Dewey & Stone v. Kavanaugh, 45 Neb. 233, 63 N.W. 396 (1895). Sureties are not liable unless bond is approved and property delivered; need not indorse approval on bond; implied approval. Cortelyou v. Maben, 40 Neb. 512, 59 N.W. 94 (1894). Defendant may move to dissolve attachment after redelivery bond is given. Wilson v. Shepherd, 15 Neb. 15, 16 N.W. 826 (1883). Must allege order of sale had been made. Young v. Joseph Bros. & Davidson, 5 Neb. Unof. 559, 99 N.W. 522 (1904).
NE Code § 25-1012.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1012.01 - Garnishment; public officers and employees.

25-1012.01.  Garnishment; public officers and employees.All provisions, including provisions for a continuing lien prescribed in section 25-1056, requirements, conditions, and exemptions of the garnishment laws of the State of Nebraska shall apply to all state, county, municipal, municipally owned corporation, township, and school district officers and employees to the same extent and effect as such laws apply under the existing statutes of the State of Nebraska to officers and employees of private corporations. Consent is hereby given for garnishment proceedings against the State of Nebraska and against all counties, townships, municipal corporations, municipally owned corporations, and school districts in the same manner and under the same procedure as is now provided by law for bringing such suits and proceedings against corporations and individuals. This section shall apply only in case it is sought to hold and apply the earnings of such officers and employees, which earnings have been earned or are to be earned by personal services rendered to the state or to any county, township, municipal corporation, municipally owned corporation, or school district.Source   Laws 1980, LB 597, § 16;   Laws 1988, LB 1030, § 15.
NE Code § 25-1012.02 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1012.02 - Garnishment; public officers and employees; procedure; process; answer.

25-1012.02.  Garnishment; public officers and employees; procedure; process; answer.Such proceedings may be brought against the State of Nebraska or any county, township, municipal corporation, municipally owned corporation, or school district as garnishee defendant, and process shall be served in the manner provided for service of a summons in a civil action, except that certified mail service may not be used. It shall be the duty of the garnishee defendant to answer any garnishment summons served under the provisions of this section and section 25-1012.01 in the same manner as is now provided by law for the answer of corporations, and such defendant shall abide the order of the court issuing the garnishment, with regard to paying into court any amount ordered, not in excess of the amount earned by the officer or employee garnished, to the date of the answer. Such defendant may submit a written answer by United States mail to the clerk of the court issuing the summons. Such answer in garnishment shall in addition to any other matters stated therein state the amount of money due the officer or employee whose earnings are sought to be held to the answer day as shown in such summons, but shall not include the amount of any check or warrant which has been drawn and signed at the time of the service of garnishment summons.Source   Laws 1980, LB 597, § 17;   Laws 1984, LB 845, § 24.
NE Code § 25-1014 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1014 - Several attachments of same property; inventory and appraisement.

25-1014.  Several attachments of same property; inventory and appraisement.Different attachments of the same property may be made by the same officer, and one inventory and appraisement shall be sufficient, and it shall not be necessary to return the same with more than one order.Source   R.S.1867, Code § 209, p. 427;   R.S.1913, § 7743;   C.S.1922, § 8687;   C.S.1929, § 20-1014;   R.S.1943, § 25-1014. Annotations One appraisement is sufficient. Connelly and Duffy v. Edgerton and Miller, 22 Neb. 82, 34 N.W. 76 (1887).
NE Code § 25-1015 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1015 - Attached property; subsequent orders; procedure.

25-1015.  Attached property; subsequent orders; procedure.When the property is under attachment, it shall be attached under subsequent orders as follows: (1) If it is real property, it shall be attached in the manner prescribed in section 25-1008; (2) if it is personal property, it shall be attached as in the hands of the officer and subject to any previous attachment; and (3) if the same person or corporation be made a garnishee, a copy of the order and notice shall be left with him in the manner prescribed in section 25-1011.Source   R.S.1867, Code § 210, p. 427;   R.S.1913, § 7744;   C.S.1922, § 8688;   C.S.1929, § 20-1015;   R.S.1943, § 25-1015;   Laws 1959, c. 102, § 1, p. 425.  Annotations Cannot levy subsequent orders after property is taken from control by replevin. Merrill v. Wedgwood, 25 Neb. 283, 41 N.W. 149 (1888).
NE Code § 25-1016 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1016 - Order of attachment; return; contents.

25-1016.  Order of attachment; return; contents.The officer shall return upon every order of attachment what he or she has done under it. The return must show when and how the defendant was served, and the property attached and the time it was attached. When garnishees are served, their names and the time each was served must be stated. The officer shall also return with the order all undertakings given under it.Source   R.S.1867, Code § 211, p. 427;   R.S.1913, § 7745;   C.S.1922, § 8689;   C.S.1929, § 20-1016;   R.S.1943, § 25-1016;   Laws 1980, LB 597, § 8.  Annotations  Return not describing appraisement is sufficient after judgment. Grebe v. Jones, 15 Neb. 312, 18 N.W. 81 (1883). Irregular to permit amendment without showing, so as to release property. Griffith v. Short, 14 Neb. 259, 15 N.W. 335 (1883). Return should state if redelivery bond was given, etc. Hilton v. Ross, 9 Neb. 406, 2 N.W. 862 (1879).
NE Code § 25-1018 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1018 - Attachment; receiver; appointment; oath; bond; accounting.

25-1018.  Attachment; receiver; appointment; oath; bond; accounting.The court, or any judge thereof during vacation, may, on the application of the plaintiff and on good cause shown, appoint a receiver, who shall take an oath faithfully to discharge his duty, and shall give an undertaking to the State of Nebraska in such sum as the court or judge may direct and with such security as shall be approved by the clerk of the court for the faithful performance of his duty as such receiver, and to pay over all money, and account for all property which may come into his hands by virtue of his appointment, at such times and in such manner as the court may direct.Source   R.S.1867, Code § 213, p. 428;   R.S.1913, § 7747;   C.S.1922, § 8691;   C.S.1929, § 20-1018;   R.S.1943, § 25-1018. Cross References  For other bond provisions, see section 25-1084.Annotations Court may appoint receiver where garnishee abandons property to defendant. Northfield Knife Co. v. Shapleigh, 24 Neb. 635, 39 N.W. 788 (1888).
NE Code § 25-1019 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1019 - Attachment; receiver; powers and duties; actions by.

25-1019.  Attachment; receiver; powers and duties; actions by.Such receiver shall take possession of all notes, due bills, books of account, accounts and all other evidences of debt, that have been taken by the sheriff or other officer as the property of the defendant in attachment, and shall proceed to settle and collect the same. For that purpose, he may commence and maintain actions in his own name as such receiver but in such actions no right of defense shall be impaired or affected.Source   R.S.1867, Code § 214, p. 428;   R.S.1913, § 7748;   C.S.1922, § 8692;   C.S.1929, § 20-1019;   R.S.1943, § 25-1019. Annotations Accounts due defendant are subject to attachment. Sloan v. Thomas Mfg. Co., 58 Neb. 713, 79 N.W. 728 (1899).
NE Code § 25-1020 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1020 - Attachment; receiver; appointment; notice to debtors of defendant in attachment; effect.

25-1020.  Attachment; receiver; appointment; notice to debtors of defendant in attachment; effect.Such receiver shall forthwith give notice of his appointment to the persons indebted to the defendant in attachment. The notice shall be written or printed, and shall be served on the debtor or debtors by copy personally or by copy left at the residence. From the date of such service the debtors shall stand liable to the plaintiff in attachment for the amount of money and credits in their hands, or due from them to the defendant in attachment, and shall account therefor to the receiver.Source   R.S.1867, Code § 215, p. 428;   R.S.1913, § 7749;   C.S.1922, § 8693;   C.S.1929, § 20-1020;   R.S.1943, § 25-1020.
NE Code § 25-1021 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1021 - Attachment; receiver; reports; custody of property; duties.

25-1021.  Attachment; receiver; reports; custody of property; duties.Such receiver shall, when required, report his proceedings to the court, and hold all money collected by him and property which may come into his hands subject to the order of the court.Source   R.S.1867, Code § 216, p. 428;   R.S.1913, § 7750;   C.S.1922, § 8694;   C.S.1929, § 20-1021;   R.S.1943, § 25-1021.
NE Code § 25-1022 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1022 - Attachment; sheriff; powers when no receiver appointed; bond.

25-1022.  Attachment; sheriff; powers when no receiver appointed; bond.When a receiver is not appointed by the court or a judge thereof, as provided in section 25-1018, the sheriff or other officer attaching the property shall have all the powers and perform all the duties of a receiver appointed by the court or judge, and may, if necessary, commence and maintain actions in his own name as such officer. He may be required to give security other than his official undertaking.Source   R.S.1867, Code § 217, p. 428;   R.S.1913, § 7751;   C.S.1922, § 8695;   C.S.1929, § 20-1022;   R.S.1943, § 25-1022.
NE Code § 25-1023 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1023 - Attached property; preservation; sale; proceeds.

25-1023.  Attached property; preservation; sale; proceeds.The court shall make proper orders for the preservation of the property during the pendency of the suit. It may direct the sale of property when, because of its perishable nature or the costs of keeping it, a sale will be for the benefits of the parties. In vacation, such sale may be ordered by the judge of the court. The sale shall be public, after such advertisement as is prescribed for the sale of like property on execution, and shall be made in such manner, and upon such terms of credit, with security, as the court or judge, having regard to the probable duration of the action, may direct. The proceeds, if collected by the sheriff, with all the money received by him from garnishees, shall be held and paid over by him under the same requirement and responsibilities of himself and sureties as are provided in respect to money deposited in lieu of bail.Source   R.S.1867, Code § 218, p. 429;   R.S.1913, § 7752;   C.S.1922, § 8696;   C.S.1929, § 20-1023;   R.S.1943, § 25-1023.