reglab/housing_qa huggingface dataset:
NE Code § 25-523 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-523 - Legal newspaper, defined; prior publications legalized.

25-523.  Legal newspaper, defined; prior publications legalized.No newspaper shall be considered a legal newspaper for the publication of legal and other official notices unless the same shall have a bona fide circulation of at least three hundred paid subscriptions weekly, and shall have been published within the county for fifty-two successive weeks prior to the publication of such notice, and be printed, either in whole or in part, in an office maintained at the place of publication; Provided, that nothing in this section shall invalidate the publication in a newspaper which has suspended publication or been printed outside of the county, on account of fire, flood or other unavoidable accident, for not to exceed ten weeks, in the year last preceding the first publication of a legal notice, advertising or publication; provided further, that all publications made prior to May 22, 1941, in a newspaper which has, on account of flood, fire or other unavoidable accident, suspended publication or been printed in an office outside of the county, are hereby legalized; provided further, that all newspapers, otherwise complying herewith, which have, on account of flood, fire or other unavoidable accident, suspended publication or been printed in an office outside of the county, for not to exceed ten weeks in any year, are hereby legalized; and provided further, that the publication of legal or other official notices in the English language in foreign language newspapers published within the county for fifty-two successive weeks prior to the publication of such a notice, and printed either in whole or in part in an office maintained at the place of publication, shall also be legal.Source   Laws 1915, c. 221, § 1, p. 490;   Laws 1919, c. 133, § 1, p. 309;   C.S.1922, § 8589;   C.S.1929, § 20-523;   Laws 1935, c. 40, § 1, p. 157;   Laws 1941, c. 31, § 1, p. 139;   C.S.Supp.,1941, § 20-523;   Laws 1943, c. 44, § 1(1), p. 189;   R.S.1943, § 25-523;   Laws 1972, LB 661, § 17.  Annotations  Mechanical act of printing legal newspaper may be performed outside county of place of publication. Wymore Arbor State, Inc. v. Korinek, 182 Neb. 557, 156 N.W.2d 24 (1968). Particular requirements of this section need not be recited in printer's proof of publication. Seymour v. Lawson, 111 Neb. 770, 197 N.W. 623 (1926).
NE Code § 25-527 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-527 - Procedure when defendants not all served.

25-527.  Procedure when defendants not all served.Where the action is against two or more defendants, and one or more shall have been served, but not all of them, the plaintiff may proceed as follows: (1) If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served, unless the court otherwise direct; (2) if the action be against defendants severally liable, he may, without prejudice to his rights against those not served, proceed against the defendants served in the same manner as if they were the only defendants.Source   R.S.1867, Code § 84, p. 407;   R.S.1913, § 7648;   C.S.1922, § 8592;   C.S.1929, § 20-527;   R.S.1943, § 25-527. Annotations  Action being for joint and several liability, it could proceed as to the defendants served, under this section. Bourne v. Baer, 107 Neb. 255, 185 N.W. 408 (1921). Section is applicable to proceedings to revive joint judgment. Thornhill v. Hargreaves, 76 Neb. 582, 107 N.W. 847 (1906); Clark v. Commercial Nat. Bank of Columbus, 68 Neb. 764, 94 N.W. 958 (1903). Where principal on injunction bond could not be found in county, it was proper to proceed against surety alone. Gyger v. Courtney, 59 Neb. 555, 81 N.W. 437 (1900). Obligors on joint bond must be joined; may proceed against those served. Perkins County v. Miller, 55 Neb. 141, 75 N.W. 577 (1898); Young v. Joseph Bros. & Davidson, 5 Neb. Unof. 559, 99 N.W. 522 (1904).
NE Code § 25-528 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-528 - Personal service upon appointed resident agent; appointment invalidates constructive service, when.

25-528.  Personal service upon appointed resident agent; appointment invalidates constructive service, when.It shall be lawful for any person, association or corporation, owning or claiming any interest in or lien upon any real estate lying within this state, to make and file in the office of the register of deeds of the county in which such real estate is situated an appointment, in writing, of some person, who shall be a resident of the county in which said lands lie, upon whom process may be served in any suit, action or proceeding, concerning or affecting such real estate, to which such owner or claimant shall be made a party. Such appointment shall be acknowledged in the manner provided by law for the acknowledgment of deeds, and shall specifically describe the lands affected by such appointment. From and after the filing of such appointment as herein provided, service of any writ, summons, order or notice, in any suit, action or proceeding, concerning or affecting such real estate, shall be made upon the person so appointed and designated in such manner as may be provided by law for the service of process upon persons found in this state, and shall be held and taken to be a valid and effectual service upon such owner or claimant. A copy of such appointment, or of the record thereof, duly certified by the said register of deeds, shall be deemed sufficient evidence thereof. No service made by publication shall be valid in respect to any such owner or claimant, who shall have filed an appointment under the provisions of this article; Provided, such appointment may be at any time revoked by such owner or claimant, but such revocation shall be in writing duly acknowledged, and shall specifically describe the lands affected by such appointment, and filed and recorded in the office of the register of deeds of the county in which any such real property is situated.Source   Laws 1877, § 1, p. 17;   R.S.1913, § 7649;   C.S.1922, § 8593;   Laws 1927, c. 65, § 1, p. 227;   C.S.1929, § 20-528;   R.S.1943, § 25-528.
NE Code § 25-529 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-529 - Personal service upon appointed resident agent; appointment; recording and indexing; fees.

25-529.  Personal service upon appointed resident agent; appointment; recording and indexing; fees.The register of deeds of each county shall record such appointment as shall be filed under the provisions of section 25-528 and any revocation thereof in the Miscellaneous Record, shall enter such instruments in the numerical index against the lands described therein, and shall be entitled to demand and receive fees as provided in section 33-109.Source   Laws 1877, § 2, p. 18;   R.S.1913, § 7650;   C.S.1922, § 8594;   Laws 1927, c. 65, § 2, p. 228;   C.S.1929, § 20-529;   R.S.1943, § 25-529;   Laws 1984, LB 679, § 11;  Laws 2012, LB14, § 1.
NE Code § 25-532 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-532 - Notice of judgment when property situated in more than one county.

25-532.  Notice of judgment when property situated in more than one county.When any part of the real property, the subject matter of an action, is situated in any other county or counties than the one in which the action is brought, a certified copy of the judgment in such action must be recorded in the clerk's office of such other county or counties before it shall operate therein as a notice, so as to charge third persons as provided in section 25-531. It shall operate as such notice without record in the county where it is rendered; but this section shall not apply to actions or proceedings under any statute now in force which does not require such record.Source   R.S.1867, Code § 86, p. 407;   R.S.1913, § 7652;   C.S.1922, § 8596;   C.S.1929, § 20-532;   R.S.1943, § 25-532.
NE Code § 25-533 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-533 - Attachment and execution issued from another county; sheriff file notice.

25-533.  Attachment and execution issued from another county; sheriff file notice.No levy of attachment or execution on real estate issued from any other county shall be notice to a subsequent vendee or encumbrancer in good faith, unless the sheriff has filed a notice on the record that the land, describing it, has been so attached or levied on, the cause in which it was so attached, and when it was done.Source   Laws 1895, c. 73, § 2, p. 314;   R.S.1913, § 7653;   C.S.1922, § 8597;   C.S.1929, § 20-533;   R.S.1943, § 25-533;  Laws 2018, LB193, § 8.
NE Code § 25-534 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-534 - Order, motion, or notice; service; delivery.

25-534.  Order, motion, or notice; service; delivery.Whenever in any action or proceeding, any order, motion, notice, or other document, except a summons, is required by statute or rule of the Supreme Court to be served upon or given to any party, the service or delivery shall be made in accordance with the rules of pleading in civil actions promulgated by the Supreme Court pursuant to section 25-801.01.Source   Laws 1959, c. 100, § 1, p. 420;   Laws 1981, LB 42, § 15;  Laws 2008, LB1014, § 8. Annotations  This section did not apply when the defendant in a paternity action did not appear in the action. State v. Buckhalter, 273 Neb. 443, 730 N.W.2d 340 (2007). Service of agency's final decision was completed upon mailing pursuant to this section rather than upon receipt of decision by petitioner's attorney. Roubal v. State, 14 Neb. App. 554, 710 N.W.2d 359 (2006). Notice was satisfied when address used was correct but included wrong office designation and no evidence showed notice was not received. City of Lincoln v. MJM, Inc., 9 Neb. App. 715, 618 N.W.2d 710 (2000).
NE Code § 25-535 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-535 - Person, defined.

25-535.  Person, defined.As used in sections 25-535 to 25-541, person includes an individual, executor, administrator, personal representative, corporation, partnership, limited liability company, association, or other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state.Source   Laws 1967, c. 143, § 1, p. 439;   Laws 1993, LB 121, § 167.  Annotations Under this and succeeding sections where copies of complaint, summons, and interrogatories were sent by registered mail to limited partnership defendant at its foreign office, Nebraska long-arm statute was satisfied. Blum v. Kawaguchi, Ltd., 331 F.Supp. 216 (D. Neb. 1971).
NE Code § 25-537 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-537 - Service outside state.

25-537.  Service outside state.When the exercise of personal jurisdiction is authorized by sections 25-535 to 25-541, service may be made outside this state.Source  Laws 1967, c. 143, § 3, p. 439. Annotations  Unless defendant transacts some business in Nebraska, jurisdiction over him may not be obtained hereunder by service outside the state. Conner v. Southern, 186 Neb. 164, 181 N.W.2d 446 (1970). Concept of due process in Nebraska's long-arm statute is at least as broad as the constitutional standard of due process. Pioneer Ins. Co. v. Gelt, 558 F.2d 1303 (8th Cir. 1977).
NE Code § 25-538 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-538 - Action in another forum; stay or dismissal of action.

25-538.  Action in another forum; stay or dismissal of action.When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just.Source  Laws 1967, c. 143, § 4, p. 439.Annotations  Trial court did not abuse its discretion in refusing to dismiss case on basis of forum non conveniens. Woodmen of the World Life Ins. Soc. v. Kight, 246 Neb. 619, 522 N.W.2d 155 (1994). Where diverse parties to a contract have agreed in writing that the defendant will assume the burden of litigating an action on the contract in the plaintiff's home jurisdiction, and where there is no evidence of fraud or duress or any other action by the plaintiff that would retroactively render void the contractual forum selection, this section does not authorize a court to arbitrarily amend the contract by nullifying the forum selection clause and reassigning to the plaintiff the burden of litigating an action on the contract in a foreign jurisdiction. Woodmen of the World Life Ins. Soc. v. Walker, 1 Neb. App. 882, 510 N.W.2d 439 (1993).
NE Code § 25-539 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-539 - Jurisdiction authorized.

25-539.  Jurisdiction authorized.A court of this state may exercise jurisdiction on any other basis authorized by law.Source  Laws 1967, c. 143, § 5, p. 440. Annotations In personam jurisdiction may be acquired over a nonresident defendant in a divorce action by extra-territorial personal service of process made in accordance with a statute of this state if there exists sufficient contacts between the defendant and this state relevant to the cause of action to satisfy traditional notions of fair play and substantive justice. In this case, defendant's last marital domicile was in Nebraska and no showing was made that it was later superseded by a new domicile. Stucky v. Stucky, 186 Neb. 636, 185 N.W.2d 656 (1971).
NE Code § 25-540 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-540 - Service outside state; manner.

25-540.  Service outside state; manner.(1) When the law of this state authorizes service outside this state, the service, when reasonably calculated to give actual notice, may be made:(a) In the manner prescribed for service within this state;(b) In the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction;(c) As directed by the foreign authority in response to a letter rogatory; or(d) As directed by the court.(2) Proof of service outside this state may be made by affidavit of the individual who made the service or in the manner prescribed by the law of this state, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction.Source   Laws 1967, c. 143, § 6, p. 440;   Laws 1983, LB 447, § 36.  Cross References  Workers' compensation cases, additional nonresident jurisdiction and method of proof of service exists, see section 48-175.01.Annotations  When service of process is made outside of the state by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court. Lydick v. Smith, 201 Neb. 45, 266 N.W.2d 208 (1978). Proof of service by mail must include a receipt signed by the addressee, or other satisfactory evidence of personal delivery, and an affidavit to be considered on appeal must be offered in evidence and preserved in the bill of exceptions. Anderson v. Autocrat Corp., 194 Neb. 278, 231 N.W.2d 560 (1975). Where affidavit showed service personally upon defendant Reiff individually and as district manager of defendant corporation, and by certified mail, return receipt requested upon individual defendants in their office in Morton, Illinois, together with return receipts showing that copies of summons and complaint were served upon each, the process was in conformity with this section. Morton Buildings of Nebraska, Inc. v. Morton Buildings, Inc., 333 F.Supp. 187 (D. Neb. 1971).
NE Code § 25-541 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-541 - Sections, how construed.

25-541.  Sections, how construed.Sections 25-535 to 25-541 do not repeal or modify any other law of this state permitting another procedure for service.Source  Laws 1967, c. 143, § 7, p. 440.
NE Code § 25-542 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-542 - Service of process; applicability.

25-542.  Service of process; applicability.Unless specifically provided to the contrary or the context otherwise requires, the provisions of Chapter 25, article 5, on service of process, as such provisions may from time to time be amended, shall apply to all civil proceedings in all courts of this state and to all proceedings under any statute which refers to or incorporates the general provisions on process or service of process.Source  Laws 1983, LB 447, § 37.
NE Code § 25-602 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-602 - Dismissal without prejudice; by plaintiff in vacation; exceptions; payment of costs.

25-602.  Dismissal without prejudice; by plaintiff in vacation; exceptions; payment of costs.The plaintiff in any case pending in the district court or Supreme Court of the state, when no counterclaim or setoff has been filed by the opposite party, has the right in the vacation of any of such courts to dismiss such action without prejudice, upon payment of costs, which dismissal shall be, by the clerk of any of such courts, entered upon the record and take effect from and after the date thereof.Source   Laws 1867, § 1, p. 51;   R.S.1913, § 7655;   C.S.1922, § 8599;   C.S.1929, § 20-602;   R.S.1943, § 25-602;  Laws 2018, LB193, § 9.  Annotations  No case addressing the right of a party to dismiss pursuant to section 25-601 has required the party to pay costs pursuant to this section. Without a motion for attorney fees pending, such fees would not be a part of the costs to be paid under either section 25-601 or this section. Kansas Bankers Surety Co. v. Halford, 263 Neb. 971, 644 N.W.2d 865 (2002). Plaintiff had right to dismiss without prejudice to take advantage of amended statute on venue of action. Grosc v. Bredthauer, 136 Neb. 43, 284 N.W. 869 (1939). Dismissal after final submission of case must be by order of court entered on journal. Knaak v. Brown, 115 Neb. 260, 212 N.W. 431 (1927). Filing petition for appointment of administrator is not an "action." In re Estate of Glover, 104 Neb. 151, 175 N.W. 1017 (1920). Section is applicable to election contest; cannot set aside dismissal without notice to contestant, to allow another to intervene. Moore v. Waddington, 69 Neb. 615, 96 N.W. 279 (1903). Dismissal before appearance by defendant ends case. Sims v. Davis, 48 Neb. 720, 67 N.W. 765 (1896). Right to dismiss is not absolute, but depends upon payment of costs. Sheedy v. McMurtry, 44 Neb. 499, 63 N.W. 21 (1895). After case is submitted, power to dismiss without prejudice ceases. Sharp v. Brown, 34 Neb. 406, 51 N.W. 1030 (1892). Where there is no setoff or counterclaim, and costs are paid, court cannot at next term permit intervention. Harris v. Cronk, 17 Neb. 475, 23 N.W. 341 (1885).
NE Code § 25-603 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-603 - Dismissal without prejudice; trial on setoff or counterclaim.

25-603.  Dismissal without prejudice; trial on setoff or counterclaim.In any case where a setoff or counterclaim has been presented, the defendant shall have the right of proceeding to the trial of his claim, although the plaintiff may have dismissed the action or failed to appear.Source   R.S.1867, Code § 431, p. 465;   R.S.1913, § 7656;   C.S.1922, § 8600;   C.S.1929, § 20-603;   R.S.1943, § 25-603. Annotations  A cross-appeal is an appeal perfected by a second party to the action filed subsequent to a prior appeal by an adverse party. Gebhart v. Tri-State G. & T. Assn., 181 Neb. 457, 149 N.W.2d 41 (1967). Where a setoff or counterclaim has been presented, a defendant has the right to proceed to trial on his claim, although plaintiff may have dismissed his action. Giesler v. City of Omaha, 175 Neb. 706, 123 N.W.2d 650 (1963). Dismissal of counterclaim did not prevent plaintiff from proceeding on set-off against same. Feight v. Mathers, 153 Neb. 839, 46 N.W.2d 492 (1951). Where plaintiff in action to foreclose first mortgage dismissed case before final submission, a defendant filing a cross-petition for foreclosure of second mortgage is entitled to trial of his cross-complaint. Plattsmouth Loan & Bldg. Assn. v. Sedlak, 128 Neb. 509, 259 N.W. 367 (1935). Plaintiff has no right to dismiss as to defendants who have pleaded facts entitling them to affirmative relief. Toop v. Palmer, 108 Neb. 850, 189 N.W. 394 (1922). Plaintiff on appeal to district court cannot by dismissing action defeat judgment on set-off below. Hess v. Hess, 78 Neb. 347, 110 N.W. 999 (1907). Right of plaintiff to dismiss without prejudice does not affect the right of defendant to proceed to trial on cross-petition. Adams v. Osgood, 55 Neb. 766, 76 N.W. 446 (1898).
NE Code § 25-703 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-703 - Consolidation of actions; motion and notice.

25-703.  Consolidation of actions; motion and notice.Whenever two or more actions are pending in the same court which might have been joined, the defendant may, on motion and notice to the adverse party, require him to show cause why the same shall not be consolidated, and if no such cause be shown, the said several actions shall be consolidated.Source   R.S.1867, Code § 150, p. 416;   R.S.1913, § 7659;   C.S.1922, § 8603;   C.S.1929, § 20-703;   R.S.1943, § 25-703. Annotations  If the plaintiff does not choose to unite several causes of action in one petition and the defendant does not successfully require joinder, there is no legal requirement that distinct causes of action be joined in one suit. Suhr v. City of Scribner, 207 Neb. 24, 295 N.W.2d 302 (1980). Right of consolidation under this section is dependent upon an application by a defendant. Bruno v. Kramer, 176 Neb. 597, 126 N.W.2d 885 (1964). Two or more actions pending in the same court which might have been joined, may, upon application, be consolidated. Peters v. Meyer, 131 Neb. 847, 270 N.W. 312 (1936). Consolidating actions for trial is inherent power of equity court. Butler v. Secrist, 84 Neb. 85, 120 N.W. 1109 (1909). Where plaintiffs who should have joined bring separate actions, motion to consolidate is proper. Downey v. Coykendall, 81 Neb. 648, 116 N.W. 503 (1908). Actions must be such as might have been joined. Weeks v. Wheeler, 41 Neb. 200, 59 N.W. 554 (1894). Plaintiff is not required to join distinct claims in one action but may be required to consolidate actions. Beck v. Devereaux, 9 Neb. 109, 2 N.W. 365 (1879). Five actions on separate policies and an action to enjoin encumbrances on three more policies may be consolidated. Equitable Life Assur. Soc. v. Wert, 102 F.2d 10 (8th Cir. 1939).
NE Code § 25-704 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-704 - Consolidation of actions; order.

25-704.  Consolidation of actions; order.The order for consolidation may be made by the court or by a judge thereof in vacation.Source   R.S.1867, Code § 151, p. 417;   R.S.1913, § 7660;   C.S.1922, § 8604;   C.S.1929, § 20-704;   R.S.1943, § 25-704.