reglab/housing_qa huggingface dataset:
NE Code § 25-2224 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2224 - Cases not provided for in this code; procedure.

25-2224.  Cases not provided for in this code; procedure.If a case ever arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this code, the practice heretofore in use may be adopted so far as may be necessary to prevent a failure of justice.Source   R.S.1867, Code § 901, p. 550;   R.S.1913, § 2573;   C.S.1922, § 9524;   C.S.1929, § 20-2225;   R.S.1943, § 25-2224. Annotations  1. Remedies retained 2. Practice and procedure 3. Miscellaneous 1. Remedies retained Writ of prohibition may still be used in this state. State ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937). Writ of error coram nobis exists in this state. Carlsen v. State, 129 Neb. 84, 261 N.W. 339 (1935). This section provides for and contemplates continuance of existing common-law remedies available at and prior to adoption of the civil code. Hamaker v. Patrick, 123 Neb. 809, 244 N.W. 420 (1932). While writ of certiorari has been abolished, principles of writ have been preserved by error proceedings. Engles v. Morgenstern, 85 Neb. 51, 122 N.W. 688 (1909). Common-law remedies are continued in force where code has failed to provide a remedy. Moline, Milburn & Stoddard Co. v. Curtis, 38 Neb. 520, 57 N.W. 161 (1893). Common-law and equity practice is available for vacating decrees for fraud. Smithson v. Smithson, 37 Neb. 535, 56 N.W. 300 (1893). 2. Practice and procedure Provisions of civil code not only abolish bills of equity with discovery as incident thereto but prevent incorporation in petitions and answers essential elements on which discovery, under former procedure, was based. Marshall v. Rowe, 126 Neb. 817, 254 N.W. 480 (1934). Party may have equitable relief in probate court; equity pleading applicable. Genau v. Abbott, 68 Neb. 117, 93 N.W. 942 (1903). Procedure in original actions in Supreme Court may be prescribed by its order or in accordance with its rules. In re Petition of Attorney General, 40 Neb. 402, 58 N.W. 945 (1894). Section does not give right to supersede judgment of removal by county board. State ex rel. Dodson v. Meeker, 19 Neb. 444, 27 N.W. 427 (1886). 3. Miscellaneous Purpose of this section was to assure that courts should interpret the code of civil procedure in a liberal spirit. Mathews v. Hedlund, 82 Neb. 825, 119 N.W. 17 (1908). Section is not applicable where remedy provided by code is lost by laches. Flint v. Chaloupka, 81 Neb. 87, 115 N.W. 535 (1908).
NE Code § 25-2225 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2225 - Special statutory proceedings; procedure; how affected by this code.

25-2225.  Special statutory proceedings; procedure; how affected by this code.Where, by general or special statute, a civil action, legal or equitable, is given and the mode of proceeding therein is prescribed, this code shall not affect the proceedings under such statute, until the Legislature shall otherwise provide; but in all such cases, as far as it may be consistent with the statute giving such action, and practicable under this code, the proceedings shall be conducted in conformity thereto. Where the statute designates by name or otherwise the kind of action, but does not prescribe the mode of proceedings therein, such action shall be commenced and prosecuted in conformity to this code; where the statute gives an action, but does not designate the kind of action, or prescribe the mode of proceeding therein, such action shall be held to be the civil action of this code and proceeded in accordingly.Source   R.S.1867, Code § 903, p. 550;   Laws 1867, § 1, p. 71;   R.S.1913, § 8574;   C.S.1922, § 9525;   C.S.1929, § 20-2226;   R.S.1943, § 25-2225. Annotations  During pendency of an appeal in district court in workmen's compensation case, plaintiff has the right to dismiss action without prejudice. Chilen v. Commercial Casualty Ins. Co., 135 Neb. 619, 283 N.W. 366 (1939). Proceedings in election contest case should be in harmony with provisions of the code of civil procedure, except where controlled by specific provisions of special act. Swan v. Bowker, 135 Neb. 405, 281 N.W. 891 (1938). In mandamus proceedings no pleading is authorized other than the writ and the answer; intervention should be denied. State ex rel. Randall v. Hall, 125 Neb. 236, 249 N.W. 756 (1933). District court on filing of petition for appeal, will proceed in accordance with compensation act, and requirement of praecipe before issuance of summons does not apply. McIntosh v. Standard Oil Co., 121 Neb. 92, 236 N.W. 152 (1931). Special proceeding before Supreme Court Justice to compel election commissioner to file nomination acceptance and place name on ballot is civil action, and must be brought in county where cause of action arose. State ex rel. Meissner v. McHugh, 120 Neb. 356, 233 N.W. 1 (1930). Special divorce statute requires plaintiff to give actual notice to nonresident defendant whose address is known. Williams v. Williams, 101 Neb. 369, 163 N.W. 147 (1917). Original actions in Supreme Court are governed by code. State v. State Journal Co., 77 Neb. 771, 111 N.W. 118 (1907). Divorce is special proceeding. Eager v. Eager, 74 Neb. 827, 105 N.W. 636, 107 N.W. 254 (1905).
NE Code § 25-2226 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2226 - Terms, defined.

25-2226.  Terms, defined.The words found in Chapter 25 shall be construed and held to mean as follows: Complainant means plaintiff; bill means complaint; suit means action or civil action; and decree means judgment; and all other words and terms found in Chapter 25, heretofore applicable to the chancery practice hereby repealed, shall be so construed and held as to carry out the intention of such chapter, prevent a failure of justice, and give adequate relief in all cases.Source   Laws 1867, § 5, p. 71;   R.S.1913, § 8575;   C.S.1922, § 9526;   C.S.1929, § 20-2227;   R.S.1943, § 25-2226;  Laws 2002, LB 876, § 56.  Annotations  A judgment and a decree are synonymous terms. Spencer v. Spencer, 165 Neb. 675, 87 N.W.2d 212 (1957). Decree of divorce is judgment. Wharton v. Jackson, 107 Neb. 288, 185 N.W. 428 (1921).
NE Code § 25-2227 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2227 - Legal notices; week, defined.

25-2227.  Legal notices; week, defined.Wherever the statutes of Nebraska provide for the publication of notices any number of weeks, or for any number of weeks, the term week shall be construed to mean either a period of time known as a calendar week beginning on Sunday and ending with Saturday, or any period of seven consecutive days beginning with the date of the first publication of notice; Provided, however, nothing herein contained shall be held to apply to any notice published prior to April 17, 1915.Source   Laws 1915, c. 222, § 1, p. 491;   C.S.1922, § 9527;   C.S.1929, § 20-2228;   R.S.1943, § 25-2227. Annotations  Notice of publication of formation of drainage district was sufficient. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953). Construction of statute providing for notice of time and place of proving will was not affected by this section. Johnson v. Richards, 155 Neb. 552, 52 N.W.2d 737 (1952). Section is constitutional. Did not change construction of statutes providing for publication in weekly newspapers. In re Estate of Johnson, 99 Neb. 275, 155 N.W. 1100 (1916).
NE Code § 25-2228 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2228 - Legal notices; how published.

25-2228.  Legal notices; how published.All legal publications and notices of whatever kind or character that may by law be required to be published a certain number of days or a certain number of weeks shall be legally published when they have been published in one issue in each week in a daily, semiweekly, or triweekly newspaper, such publication in such daily, semiweekly, or triweekly paper or papers to be made upon any one day of the week upon which such paper is published, except Sunday. Nothing in this section shall be construed as preventing the publication of such legal notices and publications in weekly newspapers. Any newspaper publishing such legal notices or publications, as hereinbefore provided, must be otherwise qualified under existing law to publish such notices or publications. All legal publications and all notices of whatever kind or character that may be required by law to be published a certain number of days or a certain number of weeks, shall be and hereby are declared to be legally published when they shall have been published once a week in a weekly, semiweekly, triweekly, or daily newspaper for the number of weeks, covering the period of publication. For the purpose of this section, when a newspaper is published regularly four or more times each week, it shall be deemed a daily newspaper.Source   Laws 1917, c. 202, § 1, p. 481;   C.S.1922, § 9528;   Laws 1923, c. 100, § 1, p. 255;   Laws 1927, c. 63, § 1, p. 225;   C.S.1929, § 20-2229;   R.S.1943, § 25-2228;   Laws 1943, c. 47, § 1, p. 198;   Laws 1996, LB 299, § 21.  Annotations  If a publication day falls upon a holiday, publication the preceding day complies with this section. Hollstein v. Adams, 187 Neb. 781, 194 N.W.2d 216 (1972). This section supersedes and effectively abrogates contrary provision of statute and home rule charter. Skag-Way Department Stores, Inc. v. City of Grand Island, 176 Neb. 169, 125 N.W.2d 529 (1964). Last part of section refers only to number of times notice is required to be published and not to duration of notice. Johnson v. Richards, 155 Neb. 552, 52 N.W.2d 737 (1952).
NE Code § 25-2229 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2229 - Constables; contracts authorized.

25-2229.  Constables; contracts authorized.(1) In counties having a population of one hundred thousand or more inhabitants, each judge of the county court may contract with one constable for purposes of serving or otherwise executing, according to law, and returning writs or other legal process. Such constables shall not be considered employees of the state or its political subdivisions. Notwithstanding any other provision of law, the terms of such contract shall be prescribed by the State Court Administrator.(2) In counties having more than one contracted constable, the party requesting the constable to serve or otherwise execute any legal process may designate by name the constable who shall serve or otherwise execute such legal process.Source   Laws 1941, c. 36, § 7, p. 149;   C.S.Supp.,1941, § 22-1512;   R.S.1943, § 26-1,183;   R.S.1943, (1979), § 26-1,183;   Laws 1984, LB 13, § 45;   R.S.1943, (1985), § 24-5,106;   Laws 1992, LB 1059, § 15;  Laws 1999, LB 319, § 3.
NE Code § 25-2230 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2230 - Constables; bond; approval; amount.

25-2230.  Constables; bond; approval; amount.Constables in county court shall give bond in the amount of five thousand dollars signed by two or more sureties who shall each qualify in twice the amount of the bond, or by some responsible surety or bonding company authorized by law to execute surety bonds in this state, to be approved by the presiding judge of the district court of the county to be conditioned upon the faithful discharge of his or her duties as constable.Source   Laws 1929, c. 82, art. XV, § 181, p. 325;   C.S.1929, § 22-1511;   R.S.1943, § 26-1,182;   Laws 1971, LB 959, § 3;   R.S.1943, (1979), § 26-1,182;   Laws 1984, LB 13, § 44;   R.S.1943, (1985), § 24-5,105.
NE Code § 25-2231 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2231 - Constables; authority; violation; penalty.

25-2231.  Constables; authority; violation; penalty.In serving all civil process and in doing his or her duties generally, when not otherwise restricted by law, the authority of a constable shall extend throughout the territory in which the judges of the county court who appointed him or her have jurisdiction, and in executing and serving process issued by courts inferior to the district court, he or she shall have and exercise the same authority and powers over goods and chattels and the persons or parties and in serving process as is granted by law to a sheriff under like process issued from courts of record. Any constable who shall knowingly perform or attempt to perform any official act outside of the territory in which the court which appointed him or her has jurisdiction shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten nor more than one hundred dollars or shall be imprisoned for not more than ten days.Source   Laws 1929, c. 82, art. XV, § 177, p. 324;   C.S.1929, § 22-1507;   R.S.1943, § 26-1,178;   R.S.1943, (1979), § 26-1,178;   Laws 1984, LB 13, § 42;   Laws 1988, LB 1030, § 12;   R.S.Supp.,1988, § 24-5,101.
NE Code § 25-2232 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2232 - Sheriffs; general powers.

25-2232.  Sheriffs; general powers.All sheriffs shall be ministerial officers in county courts in their respective jurisdictions' civil and criminal cases, and civil and criminal processes may be executed by them throughout the jurisdiction.Source   Laws 1929, c. 82, art. XV, § 171, p. 323;   C.S.1929, § 22-1501;   R.S.1943, § 26-1,172;   R.S.1943, (1979), § 26-1,172;   Laws 1984, LB 13, § 40;   Laws 1988, LB 1030, § 11;   R.S.Supp,1988, § 24-595;   Laws 1992, LB 1059, § 16.
NE Code § 25-2233 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2233 - Sheriff; service of process.

25-2233.  Sheriff; service of process.It shall be the duty of every sheriff to serve and execute all warrants, writs, precepts, executions, and other legal process to him or her directed and delivered.Source   Laws 1929, c. 82, art. XV, § 172, p. 324;   C.S.1929, § 22-1502;   R.S.1943, § 26-1,173;   R.S.1943, (1979), § 26-1,173;   Laws 1984, LB 13, § 41;   R.S.1943, (1985), § 24-596;   Laws 1992, LB 1059, § 17.
NE Code § 25-2234 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2234 - Sheriff; return of process.

25-2234.  Sheriff; return of process.It shall be the duty of every sheriff to make due return of all legal process to him or her directed and by him or her delivered or served by certified or registered mail, at the proper office and on the proper return day thereof, or if the judgment is recorded in the district court, appealed, or stayed, upon which he or she has an execution, on notice thereof, to return the execution, stating thereon such facts.Source   Laws 1929, c. 82, art. XV, § 173, p. 324;   C.S.1929, § 22-1503;   Laws 1933, c. 44, § 4, p. 253;   C.S.Supp.,1941, § 22-1503;   R.S.1943, § 26-1,174;   R.S.1943, (1979), § 26-1,174;   Laws 1987, LB 93, § 7;   R.S.Supp.,1988, § 24-597;   Laws 1992, LB 1059, § 18;  Laws 2018, LB193, § 41.
NE Code § 25-2235 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2235 - Sheriff; process; return; contents.

25-2235.  Sheriff; process; return; contents.It shall be the duty of every sheriff, on the receipt of any writ or other legal process, except subpoenas, to note thereon the time of receiving the same. The sheriff shall also state in his or her return on the same the time and manner of executing it.Source   Laws 1929, c. 82, art. XV, § 174, p. 324;   C.S.1929, § 22-1504;   R.S.1943, § 26-1,175;   R.S.1943, (1979), § 26-1,175;   R.S.1943, (1985), § 24-598;   Laws 1992, LB 1059, § 19.
NE Code § 25-2236 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2236 - Constables and sheriffs; return of not found; when made.

25-2236.  Constables and sheriffs; return of not found; when made.No officer shall make a return on any process of "not found" as to any defendant, unless he shall have been once at least to the usual place of residence of the defendant, if such defendant has any in the jurisdiction of the court.Source   Laws 1929, c. 82, art. XV, § 175, p. 324;   C.S.1929, § 22-1505;   R.S.1943, § 26-1,176;   R.S.1943, (1979), § 26-1,176;   R.S.1943, (1985), § 24-599.
NE Code § 25-2237 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2237 - Constables and sheriffs; take person into custody; procedure.

25-2237.  Constables and sheriffs; take person into custody; procedure.When it shall become the duty of the officer to take the body of any person to the jail of the county, he shall deliver to the sheriff or jailer a certified copy of the execution, commitment or other processes, whereby he holds such person in custody, and return the original to the clerk who issued the same, which copy shall be sufficient authority to the sheriff or jailer to keep the prisoner in jail until discharged by due course of law.Source   Laws 1929, c. 82, art. XV, § 178, p. 325;   C.S.1929, § 22-1508;   R.S.1943, § 26-1,179;   R.S.1943, (1979), § 26-1,179;   R.S.1943, (1985), § 24-5,102.
NE Code § 25-2238 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2238 - Sheriffs; money collected; accounting and payment.

25-2238.  Sheriffs; money collected; accounting and payment.Sheriffs shall pay over to the party entitled thereto all money received in his or her official capacity if demand is made by such party, or such party's agent or attorney, at any time before he or she returns the writ upon which he or she has received it. If not paid over by that time, the sheriff shall pay the same to the clerk of the county court when he or she returns the writ.Source   Laws 1929, c. 82, art. XV, § 179, p. 325;   C.S.1929, § 22-1509;   R.S.1943, § 26-1,180;   R.S.1943, (1979), § 26-1,180;   Laws 1984, LB 13, § 43;   R.S.1943, (1985), § 24-5,103;   Laws 1992, LB 1059, § 20.
NE Code § 25-2239 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2239 - Sheriffs; neglect of duty; penalty; how recovered.

25-2239.  Sheriffs; neglect of duty; penalty; how recovered.Sheriffs shall be liable to twenty percent penalty upon the amount of damages for which judgment may be entered against them for failing to make return, making false return, or failing to pay over money collected or received in his or her official capacity. Such judgment must include, in addition to the damages and costs, the penalty herein provided.Source   Laws 1929, c. 82, art. XV, § 180, p. 325;   C.S.1929, § 22-1510;   R.S.1943, § 26-1,181;   R.S.1943, (1979), § 26-1,181;   R.S.1943, (1985), § 24-5,104;   Laws 1992, LB 1059, § 21.
NE Code § 25-2240 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2240 - Civil action; settlement; payment of costs.

25-2240.  Civil action; settlement; payment of costs.The parties to a civil action may, as part of a settlement of the action, agree to the payment of costs of the action.Source Laws 2009, LB35, § 12.
NE Code § 25-2301 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2301 - Terms, defined.

25-2301.  Terms, defined.For purposes of sections 25-2301 to 25-2310:(1) Case includes any suit, action, or proceeding; and(2) In forma pauperis means the permission given by the court for a party to proceed without prepayment of fees and costs or security.Source   Laws 1972, LB 1120, § 1;   Laws 1979, LB 148, § 1;   Laws 1986, LB 750, § 3;  Laws 1999, LB 689, § 2. Annotations  The "fees" specified in subsection (2) of this section do not include a party's attorney fees. State v. Ortega, 290 Neb. 172, 859 N.W.2d 305 (2015). The plain language of the in forma pauperis statutes, taken as a whole, does not excuse a litigant who seeks the status of a pauper from paying the cost of a premium for a replevin bond pursuant to section 25-1098. Jacob v. Schlichtman, 261 Neb. 169, 622 N.W.2d 852 (2001). Although jurisdiction is vested in an appellate court upon timely filing of a notice of appeal and an affidavit of poverty, some duties are still required of the lower court. This section requires the lower court to act if it determines that the allegations of poverty are untrue. In re Interest of Noelle F. & Sarah F., 249 Neb. 628, 544 N.W.2d 509 (1996). Generally, in the absence of good cause evident in the record, it is necessary for a party appealing to personally sign the affidavit in support of her or his motion to proceed in forma pauperis. Mere absence from the jurisdiction of the court from which the appeal is being taken, without more, does not show good cause for a party's failure to sign a poverty affidavit. In re Interest of T.W. et al., 234 Neb. 966, 453 N.W.2d 436 (1990). As an alternative to depositing a docket fee, a person who is unable to pay the required fee may file an affidavit of poverty and proceed with an appeal in forma pauperis. State v. Hunter, 234 Neb. 567, 451 N.W.2d 922 (1990). In order to perfect an appeal in forma pauperis, all that is necessary to confer jurisdiction on the Supreme Court is to file a notice of appeal and an affidavit signed by the appellant, as required by this section. In re Interest of N.L.B., 234 Neb. 280, 450 N.W.2d 676 (1990). Courts must make specific findings of fact that establish the expected fees and costs and the ability of the appellant to pay those costs within the time required before denying the appellant in forma pauperis status for an appeal under this section. Fine v. Fine, 4 Neb. App. 101, 537 N.W.2d 642 (1995). Where, after petitioner's appeal was dismissed by Nebraska Supreme Court for failure to deposit cash or bond and United States Supreme Court granted certiorari, sections 25-2301 to 25-2307 were enacted permitting appeal in forma pauperis, judgment was vacated, and cause remanded for reconsideration. Huffman v. Boersen, 406 U.S. 337 (1972).