reglab/housing_qa huggingface dataset:
NE Code § 25-1503 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1503 - Property subject to levy and sale.

25-1503.  Property subject to levy and sale.Lands, tenements, goods and chattels, not exempt by law, shall be subject to the payment of debts, and shall be liable to be taken on execution and sold as hereinafter provided.Source   R.S.1867, Code § 476, p. 472;   R.S.1913, § 8044;   C.S.1922, § 8985;   C.S.1929, § 20-1503;   R.S.1943, § 25-1503. Annotations  Automobile of nonresident defendant could be seized to pay modified judgment for alimony. Miller v. Miller, 153 Neb. 890, 46 N.W.2d 618 (1951). Attachment affects actual interest of defendant only. Westervelt v. Hagge, 61 Neb. 647, 85 N.W. 852 (1901). Chattels levied on and replevied cannot be levied on again for claim against said debtor. Beagle v. Smith, 50 Neb. 446, 69 N.W. 956 (1897).
NE Code § 25-1505 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1505 - Stay of execution; maximum period.

25-1505.  Stay of execution; maximum period.No stay of execution or order of sale upon any judgment or decree shall be granted for a longer time than nine months after the entry of such judgment or decree.Source   Laws 1875, § 1, p. 49;   R.S.1913, § 8046;   C.S.1922, § 8987;   C.S.1929, § 20-1505;   R.S.1943, § 25-1505;  Laws 1999, LB 43, § 5.  Annotations  Legislature had in mind the matter of stays of execution on judgments and decrees where the ultimate purpose was the recovery of money only, and not payments for child support in divorce decree. Wassung v. Wassung, 136 Neb. 440, 286 N.W. 340 (1939). Where defendants avail themselves of the statutory stay of execution, they are estopped from attacking such judgment in any way. Bowman v. Caldwell, 135 Neb. 554, 283 N.W. 194 (1939). Divorced wife may continue to claim homestead interest. Federal Credit Co. v. Reynolds, 132 Neb. 495, 272 N.W. 397 (1937). Taking stay is an appearance, and waives all prior defects or error. Party is estopped to attack judgment. Franse v. Armbuster, 28 Neb. 467, 44 N.W. 481 (1890); Miller v. Hyers, 11 Neb. 474, 9 N.W. 645 (1881). Mortgage debtor has right to nine months stay. Rafert v. Federal Farm Mortgage Corporation, 152 F.2d 193 (8th Cir. 1945).
NE Code § 25-1507 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1507 - Execution; how stayed.

25-1507.  Execution; how stayed.On all judgments for the recovery of money only, except those rendered in any court on an appeal or writ of error thereto or against any officer or person or corporation, or the sureties of any of them, for money received in a fiduciary capacity, or for the breach of any official duty, there may be a stay of execution if the defendant therein shall, within twenty days after the entry of judgment, procure two or more sufficient freehold sureties to enter into a bond, acknowledging themselves security for the defendant for the payment of the judgment, interest, and costs, from the time of entering judgment until paid as follows: (1) If the sum for which judgment was rendered, exclusive of costs, does not exceed fifty dollars, three months; (2) if the sum for which judgment was rendered, exclusive of costs, exceeds fifty dollars and does not exceed one hundred dollars, six months; and (3) if the sum for which judgment was rendered, exclusive of costs, exceeds one hundred dollars, nine months.Source   Laws 1875, § 3, p. 49;   R.S.1913, § 8048;   C.S.1922, § 8989;   C.S.1929, § 20-1507;   R.S.1943, § 25-1507;  Laws 1999, LB 43, § 7.  Annotations  Where a stay bond becomes dormant, it may be revived the same as a judgment. Baker Steel & Machinery Co. v. Ferguson, 137 Neb. 578, 290 N.W. 449 (1940). Sureties when sued on bond cannot plead lack of legal qualifications. Heater v. Pearce, 59 Neb. 583, 81 N.W. 615 (1900). Stay bond is a proceeding and may be amended. State ex rel. Cleary v. Russell, 17 Neb. 201, 22 N.W. 455 (1885).
NE Code § 25-1508 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1508 - Stay bonds; approval; justification of sureties.

25-1508.  Stay bonds; approval; justification of sureties.Officers approving stay bonds shall require the affidavits of the signers of such bonds that they own real estate not exempt from execution, and aside from encumbrance, to the value of twice the amount of the judgment.Source   Laws 1875, § 4, p. 50;   R.S.1913, § 8049;   C.S.1922, § 8990;   C.S.1929, § 20-1508;   R.S.1943, § 25-1508. Annotations  In action on constable's bond, it is sufficient to assign the breach in the language of the statute. Adams v. Weisberger, 62 Neb. 325, 87 N.W. 16 (1901). Officer who approves stay bond without requiring affidavits of signers, is liable for damage. Heater v. Pearce, 59 Neb. 583, 81 N.W. 615 (1900).
NE Code § 25-1509 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1509 - Stay of execution; surety on stay bond excepted; no appeal after stay.

25-1509.  Stay of execution; surety on stay bond excepted; no appeal after stay.No proceedings in errors or appeal shall be allowed after such stay has been taken, nor shall a stay be taken on a judgment entered as herein contemplated, against one who is surety in the stay of execution.Source   Laws 1875, § 5, p. 50;   R.S.1913, § 8050;   C.S.1922, § 8991;   C.S.1929, § 20-1509;   R.S.1943, § 25-1509. Annotations  Taking of stay is a general appearance and a waiver of all prior errors in the proceedings. Ohio Nat. Life Ins. Co. v. Baxter, 139 Neb. 648, 298 N.W. 530 (1941). Party taking stay of order of sale in foreclosure proceedings cannot appeal hereunder. Carley v. Morgan, 123 Neb. 498, 243 N.W. 631 (1932). Request for stay inadvertently filed before decree entered of record in foreclosure action will not defeat appeal. Theisen v. Peterson, 114 Neb. 150, 211 N.W. 19 (1925). Taking stay of sale under decree of foreclosure is waiver of prior error. Ecklund v. Willis, 42 Neb. 737, 60 N.W. 1026 (1894).
NE Code § 25-1510 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1510 - Stay of execution; sureties; approval; bond tantamount to judgment confessed.

25-1510.  Stay of execution; sureties; approval; bond tantamount to judgment confessed.The sureties for the stay of execution may be taken and approved by the clerk, the bond shall be recorded on the register of actions and have the force and effect of a judgment confessed from the date thereof against the property of the sureties, and the clerk shall enter such sureties on the judgment index, as in the case of other judgments.Source   Laws 1875, § 6, p. 50;   R.S.1913, § 8051;   C.S.1922, § 8992;   C.S.1929, § 20-1510;   R.S.1943, § 25-1510;  Laws 2018, LB193, § 25.  Annotations Stay bond, when recorded, is a judgment within purview of statute providing for revivor of dormant judgments. Baker Steel & Machinery Co. v. Ferguson, 137 Neb. 578, 290 N.W. 449 (1940).
NE Code § 25-1511 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1511 - Stay of execution; recall of writ; duties of clerk and sheriff.

25-1511.  Stay of execution; recall of writ; duties of clerk and sheriff.When the surety is entered after execution issued, the clerk shall immediately notify the sheriff of the stay, and he shall forthwith return the execution, with his doings thereon.Source   Laws 1875, § 7, p. 50;   R.S.1913, § 8052;   C.S.1922, § 8993;   C.S.1929, § 20-1511;   R.S.1943, § 25-1511.
NE Code § 25-1512 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1512 - Stay of execution; property and undertakings relinquished.

25-1512.  Stay of execution; property and undertakings relinquished.All property levied on before stay of execution, and all written undertakings for the delivery of personal property to the sheriff, shall be relinquished by the officer upon stay of execution being entered.Source   Laws 1875, § 8, p. 50;   R.S.1913, § 8053;   C.S.1922, § 8994;   C.S.1929, § 20-1512;   R.S.1943, § 25-1512.
NE Code § 25-1513 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1513 - Stay of execution; expiration; writ to issue; duty of clerk.

25-1513.  Stay of execution; expiration; writ to issue; duty of clerk.At the expiration of the stay the clerk shall issue a joint execution against the property of all the judgment debtors and sureties, describing them as debtors or sureties therein.Source   Laws 1875, § 9, p. 51;   R.S.1913, § 8054;   C.S.1922, § 8995;   C.S.1929, § 20-1513;   R.S.1943, § 25-1513. Annotations Mandamus will lie to compel issuance of execution against both principal and sureties. State ex rel. Thorn v. Fleming, 21 Neb. 321, 32 N.W. 73 (1887).
NE Code § 25-1514 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1514 - Stay of execution; judgment liens not released.

25-1514.  Stay of execution; judgment liens not released.Where a stay of execution has been taken, such confessed judgment shall not release any judgment lien by virtue of the original judgment for the amount then due. The officer holding the execution shall return thereon what amount was made from the principal debtor, and how much from the sureties.Source   Laws 1875, § 10, p. 51;   R.S.1913, § 8055;   C.S.1922, § 8996;   C.S.1929, § 20-1514;   R.S.1943, § 25-1514. Annotations Remedy in aid of execution does not exclude relief in equity. Parsons v. Cathers, 92 Neb. 525, 138 N.W. 747 (1912).
NE Code § 25-1517 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1517 - Several writs of execution; preference.

25-1517.  Several writs of execution; preference.When two or more writs of execution against the same debtor are delivered to the officer on the same day, no preference shall be given to either of such writs; but if a sufficient sum of money is not made to satisfy all executions, the amount made shall be distributed to the several creditors in proportion to the amount of their respective demands. In all other cases the writ of execution first delivered to the officer shall be first satisfied; and it shall be the duty of the officer to endorse on every writ of execution the time when he or she received the writ. This section shall not be construed as to affect any preferable lien which one or more of the judgments on which execution issued may have on the lands of the judgment debtor.Source   R.S.1867, Code § 484, p. 474;   R.S.1913, § 8058;   C.S.1922, § 8999;   C.S.1929, § 20-1517;   R.S.1943, § 25-1517;  Laws 2000, LB 921, § 12.  Annotations  Judgments transcripted from justice court do not prorate with judgments rendered during term. Moores v. Peycke, 44 Neb. 405, 62 N.W. 1072 (1895). Hour of receipt is not required on execution from justice or county court. Johnson v. Walker, 23 Neb. 736, 37 N.W. 639 (1888). Executions delivered to officer on same day prorate and apply to proceedings before justice of peace. State ex rel. Philpott v. Hunger, 17 Neb. 216, 22 N.W. 457 (1885).
NE Code § 25-1518 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1518 - Levy of execution.

25-1518.  Levy of execution.The officer to whom a writ of execution is delivered shall proceed immediately to levy the same upon the goods and chattels of the debtor; but if no goods and chattels can be found, the officer shall endorse on the writ of execution no goods, and forthwith levy the writ of execution upon the lands and tenements of the debtor, which may be liable to satisfy the judgment.Source   R.S.1867, Code § 485, p. 474;   R.S.1913, § 8059;   C.S.1922, § 9000;   C.S.1929, § 20-1518;   R.S.1943, § 25-1518. Cross References  Execution against partnership or unincorporated associations, see section 25-316.Annotations  Unless a judgment creditor shows that a judgment debtor has fraudulently transferred real property to avoid creditors, the relevant question for the remedy of execution is whether the debtor has any interest in the property. Fox v. Whitbeck, 286 Neb. 134, 835 N.W.2d 638 (2013). Absent exigent circumstances, the rule which applies before an officer may enter a home to seize property or arrest a person also applies to entering to secure property in satisfaction of a judgment. Such execution warrant should be obtained in a manner similar to that provided in sections 29-830 to 29-835 relating to inspection warrants. State v. Hinchey, 220 Neb. 825, 374 N.W.2d 14 (1985). Where execution is levied on real estate fraudulently transferred, execution creditor may proceed in equity to set aside sale; return not necessary. Howard v. Raymers, 64 Neb. 213, 89 N.W. 1004 (1902). Levy is effective though officer trespasses. Battle Creek Valley Bank v. First Nat. Bank of Madison, 62 Neb. 825, 88 N.W. 145 (1901). Growing crops are personal property. Sims v. Jones, 54 Neb. 769, 75 N.W. 150 (1898). Where personalty is sold before realty, latter may be levied on before advertisement and sale of former. Runge v. Brown, 29 Neb. 116, 45 N.W. 271 (1890). Levy upon growing crops does not require any act on the part of the officer which, but for the protection of the writ, would make him a trespasser. Johnson v. Walker, 23 Neb. 736, 37 N.W. 639 (1888). Return of execution after levy without sale does not prevent plaintiff from issuing another execution on same property. Reynolds v. Cobb, 15 Neb. 378, 19 N.W. 502 (1884). A manual interference with chattels is not essential to a valid levy thereon. State v. Griess, 11 Neb. App. 389, 651 N.W.2d 859 (2002).
NE Code § 25-1521 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1521 - Intervening claimants; proceedings to ascertain title.

25-1521.  Intervening claimants; proceedings to ascertain title.If the officer, by virtue of any writ of execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, such officer shall give notice in writing to the court, in which shall be set forth the names of the plaintiff and defendant, together with the name of the claimant. At the same time such officer shall furnish the court with a schedule of the property claimed. Immediately upon the filing of such notice and schedule, the court shall determine the right of the claimant to the property in controversy.Source   R.S.1867, Code § 486, p. 474;   R.S.1913, § 8062;   C.S.1922, § 9003;   C.S.1929, § 20-1521;   R.S.1943, § 25-1521;   Laws 1972, LB 1032, § 131;   Laws 1973, LB 226, § 13;  Laws 2018, LB193, § 26.  Annotations  Sheriff does not receive additional compensation for services under this section. Muinch v. Hull, 181 Neb. 571, 149 N.W.2d 527 (1967). Failure of sheriff to comply with this section, when property is claimed by third person, does not fix liability on sheriff. Miller v. Crosson, 131 Neb. 88, 267 N.W. 145 (1936). Sheriff may bring suit hereunder to try claim to personal property attached by him. Leadabrand v. State, 121 Neb. 836, 238 N.W. 656 (1931). An intervening claimant does not have a statutory right to a jury trial pursuant to the provisions of this section through section 25-1523. Eli's, Inc. v. Commercial Lithographing, Inc., 8 Neb. App. 752, 601 N.W.2d 795 (1999).
NE Code § 25-1522 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1522 - Intervening claimants; proceedings to ascertain title; procedure; judgment; effect.

25-1522.  Intervening claimants; proceedings to ascertain title; procedure; judgment; effect.If the court shall find the right to said goods and chattels, or any part thereof, to be in the claimant, the court shall also find the value thereof, and shall render judgment for the claimant, that he recover his costs against the plaintiff in execution, or other party to the same for whose benefit the execution issued, and also that he have restitution of said goods and chattels, or any part thereof. But if the right of the goods and chattels, and every part thereof, shall not be in the claimant, then the court shall render judgment on such finding, in favor of the plaintiff in execution, or other party for whose benefit the same was issued and levied, against the claimant for costs, and award execution thereon. Such judgment for the claimant, unless an undertaking shall be executed as provided in section 25-1523, shall be a justification of the officer in returning no goods to the writ of execution by virtue of which the levy has been made, as to such part of the goods and chattels as were found to belong to such claimant.Source   R.S.1867, Code § 487, p. 475;   R.S.1913, § 8063;   C.S.1922, § 9004;   C.S.1929, § 20-1522;   R.S.1943, § 25-1522;   Laws 1972, LB 1032, § 132;   Laws 1973, LB 226, § 14.  Annotations  Order by justice for restitution of the property is not judicial order but is only to apprise officer of result of inquisition. Fidler v. Adair, 109 Neb. 404, 191 N.W. 683 (1922). Procedure after verdict stated. Bray v. Saaman, 13 Neb. 518, 14 N.W. 474 (1882); Storms v. Eaton, 5 Neb. 453 (1877).
NE Code § 25-1523 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1523 - Intervening claimants; proceedings before jury to ascertain title; levy notwithstanding verdict; bond.

25-1523.  Intervening claimants; proceedings before jury to ascertain title; levy notwithstanding verdict; bond.If the jury shall find the property, or any part thereof, to be in the claimant, and the plaintiff in execution shall, at any time within three days after said trial, tender to the sheriff or other officer having such property in his custody on execution, an undertaking, with good and sufficient sureties, payable to such claimant, in double the amount of the value of such property as assessed by the jury, to the effect that they will pay all damages sustained by reason of the detention or sale of such property, then the sheriff or other officer shall deliver said undertaking to claimant, and proceed to sell such property as if no such trial of the right of property had taken place, and shall not be liable to the claimant therefor.Source   R.S.1867, Code § 488, p. 475;   R.S.1913, § 8064;   C.S.1922, § 9005;   C.S.1929, § 20-1523;   R.S.1943, § 25-1523. Annotations Proceedings are not final adjudication of claimant's rights. Fidler v. Adair, 109 Neb. 404, 191 N.W. 683 (1922).
NE Code § 25-1524 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1524 - Goods unsold; delivery bond.

25-1524.  Goods unsold; delivery bond.In all cases where a sheriff, coroner, or other officer, shall by virtue of an execution, levy upon any goods and chattels which shall remain upon his hands unsold, for want of bidders, for the want of time to advertise and sell, or any other reasonable cause, the officer may, for his own security, take of the defendant an undertaking, with security in such sum as he may deem sufficient, to the effect that the said property shall be delivered to the officer holding an execution for the sale of the same, at the time and place appointed by said officer, either by notice given in writing to said defendant in execution, or by advertisement, published in a newspaper printed in the county, naming therein the day and place of sale. If the defendant shall fail to deliver the goods and chattels at the time and place mentioned in the notice to him given, or to pay to the officer holding the execution, the full value of said goods and chattels, or the amount of said debts and costs, the undertaking, given as aforesaid, shall be considered as broken, and may be proceeded on as in other cases.Source   R.S.1867, Code § 489, p. 476;   R.S.1913, § 8065;   C.S.1922, § 9006;   C.S.1929, § 20-1524;   R.S.1943, § 25-1524.
NE Code § 25-1525 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1525 - Goods unsold; additional writ; notice of sale.

25-1525.  Goods unsold; additional writ; notice of sale.The officer who levies upon goods and chattels by virtue of an execution issued by a court of record, before he proceeds to sell the same, shall cause public notice to be given of the time and place of sale. The notice shall be given by publication once in each week for four successive weeks in some newspaper printed in the county, or in case no newspaper be printed therein, by posting notice in five public places in the county, two in the precinct where the sale is to be held. Where goods and chattels levied upon cannot be sold for want of bidders, the officer making such return shall annex to the execution a true and perfect inventory of such goods and chattels, and the plaintiff in such execution may thereupon sue out another writ of execution, directing the sale of the property levied upon as aforesaid; but such goods and chattels shall not be sold unless public notice of the time and place of sale has been given as hereinbefore provided.Source   R.S.1867, Code § 490, p. 476;   R.S.1913, § 8066;   C.S.1922, § 9007;   C.S.1929, § 20-1525;   R.S.1943, § 25-1525;   Laws 1971, LB 47, § 3.  Annotations This section adopts the writ of venditioni exponas under which an officer is commanded to sell property already levied upon. Burkett v. Clark, 46 Neb. 466, 64 N.W. 1113 (1895).
NE Code § 25-1526 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1526 - Additional writ; goods unsold insufficient; further levy and sale.

25-1526.  Additional writ; goods unsold insufficient; further levy and sale.When any writ shall issue, directing the sale of property previously taken in execution, the officer issuing said writ shall, at the request of the person entitled to the benefit thereof, his agent or attorney, add thereto a command to the officer to whom such writ shall be directed, that if the property remaining in his hands not sold shall, in his opinion, be insufficient to satisfy the judgment, he shall levy the same upon the lands and tenements, goods and chattels, or either, as the law shall permit, being the property of the judgment debtor, sufficient to satisfy the debt.Source   R.S.1867, Code § 491, p. 476;   R.S.1913, § 8067;   C.S.1922, § 9008;   C.S.1929, § 20-1526;   R.S.1943, § 25-1526.