reglab/housing_qa huggingface dataset:
NE Code § 25-320 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-320 - Permissive joinder of defendants.

25-320.  Permissive joinder of defendants.All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action.Source   R.S.1867, Code § 44, p. 399;   R.S.1913, § 7601;   C.S.1922, § 8544;   C.S.1929, § 20-320;   R.S.1943, § 25-320;   Laws 1998, LB 234, § 2.  Annotations  The maker and guarantor of a note are not liable upon the same obligation, so as to be sued together. Ayres v. West, 86 Neb. 297, 125 N.W. 583 (1910); Mowery v. Mast, 9 Neb. 445, 4 N.W. 69 (1880). Parties who are severally liable upon a written contract may be impleaded in one action thereon. Champlin Bros. v. Sperling, 84 Neb. 633, 121 N.W. 976 (1909). Any or all of persons severally liable on promissory note may be included in action at option of plaintiff. Palmer v. McFarlane, 73 Neb. 178, 102 N.W. 256 (1905). Where written guarantee constitutes endorsement also, maker and endorsers may be sued jointly in action on note. Weitz v. Wolfe, 28 Neb. 500, 44 N.W. 485 (1890). Maker and several endorsers may be sued together in one action. Pearson v. Kansas Mfg. Co., 14 Neb. 211, 15 N.W. 346 (1883). Joinder of several defendants under state statute, notwithstanding several liability, does not create joint liability so as to preclude removal to federal court by nonresident defendant. Des Moines Elevator & Grain Co. v. Underwriters' Grain Assn., 63 F.2d 103 (8th Cir. 1933). Statute does not prevent removal to federal court of action on note; statute does not make obligations, which are several, joint. Stewart v. Nebraska Tire & Rubber Co., 39 F.2d 309 (8th Cir. 1930), affirming Stewart v. Heisler, 32 F.2d 519 (N.D. Iowa 1929).
NE Code § 25-324 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-324 - Actions for recovery of real or personal property; interest in property; intervention.

25-324.  Actions for recovery of real or personal property; interest in property; intervention.When, in an action for the recovery of real or personal property, any person having an interest in the property applies to be made a party, the court may order it to be done.Source   R.S.1867, Code § 47, p. 400;   R.S.1913, § 7605;   C.S.1922, § 8548;   C.S.1929, § 20-324;   R.S.1943, § 25-324. Annotations  A bidder at judicial sale, whose bid has been accepted, may appeal from an order setting the sale aside. Dawson County v. Whaley, 134 Neb. 509, 279 N.W. 164 (1938). Mere fact that party claims to be owner of attached property does not give him right to intervene in the attachment and thus have question of his ownership determined in attachment suit. Geis v. Geis, 125 Neb. 394, 250 N.W. 252 (1933). A mere contingent liability to answer to defendant is not sufficient ground for intervention. Omaha Southern Ry. Co. v. Beeson, 36 Neb. 361, 54 N.W. 557 (1893). Must claim some interest in subject of action; title to land attached, in action against maker of note, is insufficient. Kimbro v. Clark, 17 Neb. 403, 22 N.W. 788 (1885).
NE Code § 25-326 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-326 - Interpleader; when sheriff or other officer defendant.

25-326.  Interpleader; when sheriff or other officer defendant.The provisions of section 25-325 shall be applicable to an action brought against a sheriff, or other officer, for the recovery of personal property taken by him or her under execution or for the proceeds of such property so taken and sold by him or her. The defendant in such action shall be entitled to the benefit of those provisions against the party in whose favor the execution issued, upon exhibiting to the court the process under which the defendant acted, with his or her affidavit that the property or its proceeds was taken under such process.Source   R.S.1867, Code § 49, p. 400;   R.S.1913, § 7607;   C.S.1922, § 8550;   C.S.1929, § 20-326;   R.S.1943, § 25-326;  Laws 2006, LB 1115, § 15.
NE Code § 25-327 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-327 - Substitution; plaintiff in execution for sheriff or other officer.

25-327.  Substitution; plaintiff in execution for sheriff or other officer.In an action against a sheriff or other officer for the recovery of property taken under an execution, and replevied by the plaintiff in such action, the court may, upon application of the defendant and of the party in whose favor the execution issued, permit the latter to be substituted as the defendant, security for the costs being given.Source   R.S.1867, Code § 50, p. 400;   R.S.1913, § 7608;   C.S.1922, § 8551;   C.S.1929, § 20-327;   R.S.1943, § 25-327. Annotations  When garnishee answers that he has money belonging to judgment debtor, one may intervene who claims money and who is not a party to proceedings, and contest right of plaintiff. Farrington v. Fleming Comm. Co., 94 Neb. 108, 142 N.W. 297 (1913). Court cannot order substitution after final judgment. Hicklin v. Nebraska City National Bank, 8 Neb. 463, 1 N.W. 135 (1879).
NE Code § 25-329 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-329 - Intervention; judgment; costs.

25-329.  Intervention; judgment; costs.The court shall determine upon the intervention at the same time that the action is decided, and if the claim of the intervenor is not sustained, the intervenor shall pay all costs of the intervention.Source   Laws 1887, c. 100, § 2, p. 655;   R.S.1913, § 7610;   C.S.1922, § 8553;   C.S.1929, § 20-329;   R.S.1943, § 25-329;  Laws 2006, LB 1115, § 16. Annotations  A parent in a juvenile action does not need to follow the intervention procedures set forth in this section and sections 25-328 and 25-330 in order to participate in juvenile proceedings involving the parent's child. In re Interest of Sloane O., 291 Neb. 892, 870 N.W.2d 110 (2015). District court may rule on sufficiency of petition of intervention before trial. Kirchner v. Gast, 169 Neb. 404, 100 N.W.2d 65 (1959). Costs are taxed to interveners and relators where they are unsuccessful in a mandamus case. State ex rel. Nelson v. Butler, 145 Neb. 638, 17 N.W.2d 683 (1945). Determination whether intervener has an actual interest in the subject of the controversy is a necessary preliminary question for the trial court's decision and is determinable when the action is finally decided. Drainage Dist. No. 1 of Lincoln County v. Kirkpatrick-Pettis Co., 140 Neb. 530, 300 N.W. 582 (1941). Intervention was unknown at common law and is creature of statute. Geis v. Geis, 125 Neb. 394, 250 N.W. 252 (1933). Section should be liberally construed, but intervener must plead and prove actual interest or be regarded as mere interloper. Parker v. City of Grand Island, 115 Neb. 892, 215 N.W. 127 (1927). A person may intervene as matter of right before trial. In re Estate of Keller, 101 Neb. 115, 162 N.W. 511 (1917). Petition of intervener cannot be dismissed until determination on merits. Montgomery v. Dresher, 97 Neb. 112, 149 N.W. 314 (1914). Petition may be dismissed without prejudice. Lincoln Upholstering Co. v. Baker, 82 Neb. 592, 118 N.W. 321 (1908).
NE Code § 25-330 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-330 - Intervention; complaint; other pleadings.

25-330.  Intervention; complaint; other pleadings.The intervention shall be by complaint, which shall set forth the facts on which the intervention rests, and all the pleadings therein shall be governed by the same rules as other pleadings provided for in Chapter 25. If such complaint is filed during term, the court shall direct the time in which answers thereto shall be filed.Source   Laws 1887, c. 100, § 4, p. 656;   R.S.1913, § 7611;   C.S.1922, § 8554;   C.S.1929, § 20-330;   R.S.1943, § 25-330;  Laws 2002, LB 876, § 10. Annotations  A parent in a juvenile action does not need to follow the intervention procedures set forth in this section and sections 25-328 and 25-329 in order to participate in juvenile proceedings involving the parent's child. In re Interest of Sloane O., 291 Neb. 892, 870 N.W.2d 110 (2015). Seeking leave to intervene by motion, and not by complaint, is not a procedural bar to intervention under this section. State ex rel. Lanman v. Board of Cty. Commissioners, 277 Neb. 492, 763 N.W.2d 392 (2009). One of the purposes of requiring a petition by a third party to a litigation to intervene is that the petition will frame the issues and interests regarding the intervening party. In re Interest of Kiana T., 262 Neb. 60, 628 N.W.2d 242 (2001). An intervener must plead some interest in the subject matter of the litigation; a mere denial of plaintiff's right is not sufficient to give him standing in court. Drainage Dist. No. 1 of Lincoln County v. Kirkpatrick-Pettis Co., 140 Neb. 530, 300 N.W. 582 (1941). Statute should be liberally construed but must be substantially followed and applicant must bring himself within its provisions. Geis v. Geis, 125 Neb. 394, 250 N.W. 252 (1933). Section should be liberally construed, but intervener must plead and prove actual interest or be regarded as mere interloper. Parker v. City of Grand Island, 115 Neb. 892, 215 N.W. 127 (1927). May intervene as matter of right before trial. In re Estate of Keller, 101 Neb. 115, 162 N.W. 511 (1917). An intervener whose petition does not state facts sufficient to constitute a cause of action, and who does not pray for any judgment which the court has jurisdiction to render, should be dismissed from the action. Iodence v. Peters, 64 Neb. 425, 89 N.W. 1041 (1902). Where filed without leave, court may decide question of intervention with main issue. State ex rel. Bugbee v. Holmes, 59 Neb. 503, 81 N.W. 512 (1900).
NE Code § 25-402 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-402 - Local actions involving real estate located in more than one county.

25-402.  Local actions involving real estate located in more than one county.If the real property, the subject of the action, be an entire tract, and situated in two or more counties, or if it consists of separate tracts situated in two or more counties, the action may be brought in any county in which any tract or part thereof is situated, unless it be an action to recover the possession thereof. And if the property be an entire tract, situated in two or more counties, an action to recover the possession thereof may be brought in either of such counties; but if it consists of separate tracts in different counties, the possession of such tracts must be recovered by separate actions brought in the counties where they are situated.Source   R.S.1867, Code § 52, p. 401;   R.S.1913, § 7613;   C.S.1922, § 8556;   C.S.1929, § 20-402;   R.S.1943, § 25-402. Cross References  For provisions on designation of defendants, see section 25-312.Annotations  The district court for the county wherein real estate is situated is not without jurisdiction to hear and determine actions to quiet title to, or partition same. Page v. Buchfinck, 196 Neb. 135, 242 N.W.2d 610 (1976). Where none of the defendants have or claim any interest adverse to plaintiff in the property situated in the county in which the action is brought, the court has no jurisdiction over land of such defendants in another county. Lippincott v. Wolski, 147 Neb. 930, 25 N.W.2d 747 (1947). An action to foreclose a mortgage on the entire tract may be brought in any county in which any part thereof is situated. State Bank of Nebraska v. Green & Redick, 11 Neb. 303, 9 N.W. 36 (1881). Section is discussed. Atchison, T. & S. F. Ry. Co. v. Drayton, 292 F. 15 (8th Cir. 1923).
NE Code § 25-403 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-403 - Action for specific performance of land contract.

25-403.  Action for specific performance of land contract.An action to compel the specific performance of a contract of sale of real estate may be brought in the county where the defendants or any of them reside; but if all the defendants are nonresidents of the state, it may be brought in the county where the real estate or some part thereof is situated.Source   R.S.1867, Code § 53, p. 401;   R.S.1913, § 7614;   C.S.1922, § 8557;   C.S.1929, § 20-403;   R.S.1943, § 25-403. Cross References  For provisions on designation of defendants, see section 25-312.Annotations  Action for specific performance was properly brought where defendants resided. Smith v. Hornkohl, 166 Neb. 702, 90 N.W.2d 347 (1958). The word "may" in this statute does not mean "must," and suit for specific performance may be brought in any county where parties are properly before the court. Department of Banking v. Stenger, 132 Neb. 576, 272 N.W. 403 (1937). Specific performance is transitory; may be brought in any county where necessary parties properly before court. Pollard v. Larson, 115 Neb. 136, 211 N.W. 998 (1927). Action to cancel contract for purchase of corporate stock is transitory; although part of relief asked relates to mortgages, action need not be brought in county where mortgaged land is located. Scow v. Bankers Fire Ins. Co., 109 Neb. 241, 190 N.W. 858 (1922). Defendant residing where action is brought must be necessary party. Behr v. Willard, 11 Neb. 601, 10 N.W. 525 (1881). Section is discussed. Atchison, T. & S. F. Ry. Co. v. Drayton, 292 F. 15 (8th Cir. 1923).
NE Code § 25-403.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-403.01 - Actions; venue; transfer; payment of expenses.

25-403.01.  Actions; venue; transfer; payment of expenses.Any action, other than the actions mentioned in sections 25-401 to 25-403, may be brought (1) in the county where any defendant resides, (2) in the county where the cause of action arose, (3) in the county where the transaction or some part of the transaction occurred out of which the cause of action arose, or (4) if all defendants are nonresidents of this state, in any county. When an action has been commenced in any other county, the court in which the action has been commenced shall have jurisdiction over the action, but upon timely motion by a defendant, the court shall transfer the action to the proper court in a county in which such action might have been properly commenced. The court in the county to which the action is transferred, in its discretion, may order the plaintiff or the plaintiff's attorney to pay to the defendant all reasonable expenses, including attorney's fees, incurred by the defendant because of the improper venue or in proceedings to transfer the action.Source  Laws 1986, LB 529, § 23.
NE Code § 25-403.02 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-403.02 - Venue; residency; determination.

25-403.02.  Venue; residency; determination.For purposes of venue, the following definitions shall apply:(1) Any private corporation organized under the laws of this state and any foreign corporation authorized to transact business in this state is a resident of any county in which it has its registered office or other office or is doing business. A foreign corporation not authorized to transact business in this state is not a resident of this state;(2) A partnership sued in its firm name is a resident of any county in which any partner resides or in which the partnership has an office or is doing business. If all partners are nonresidents of this state and the partnership does not have an office or do business in this state, the partnership is not a resident of this state;(3) A voluntary unincorporated association sued in its own name is a resident of any county in which the association has an office or in which any officer of the association resides. If it has no office in this state and no officer resides in this state, the voluntary unincorporated association is not a resident of this state; and(4) A limited liability company organized under the laws of this state and any foreign limited liability company authorized to transact business in this state is a resident of any county in which it has its registered office or other office or is doing business. A foreign limited liability company not authorized to transact business in this state is not a resident of this state.Source   Laws 1986, LB 529, § 24;   Laws 1993, LB 121, § 166.
NE Code § 25-411 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-411 - Change of venue; procedure; effect; expenses.

25-411.  Change of venue; procedure; effect; expenses.When an order is made transferring a cause for trial, as provided in section 25-410, the clerk of the court must transmit the pleadings and papers therein to the clerk of the court to which it is transferred; and in every such case, all expenses of such trial which would be chargeable to the county in which the suit originated had the cause been tried therein, as determined by the district judge of the county to which said cause has been transferred, shall be a charge upon the county in which the suit was commenced. The court to which an action is transferred shall have and exercise over the same the like jurisdiction as if it had been originally commenced therein.Source   G.S.1873, c. 57, § 3, p. 712;   R.S.1913, § 7622;   C.S.1922, § 8565;   C.S.1929, § 20-411;   Laws 1935, c. 43, § 1, p. 162;   C.S.Supp.,1941, § 20-411;   R.S.1943, § 25-411.
NE Code § 25-412 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-412 - Change of venue in local actions involving real estate; transfer and entry of judgment.

25-412.  Change of venue in local actions involving real estate; transfer and entry of judgment.When an action affecting the title or possession of real estate has been brought in or transferred to any court of a county, other than the county in which the real estate or some portion of it is situated, the clerk of such court must, after final judgment therein, certify such judgment under his or her seal of office, and transmit the same to the corresponding court of the county in which the real estate affected by the action is situated. The clerk receiving such copy must file and record such judgment in the records of the court, briefly designating it as a judgment transferred from ......... court (naming the proper court).Source   G.S.1873, c. 57, § 4, p. 712;   R.S.1913, § 7623;   C.S.1922, § 8566;   C.S.1929, § 20-412;   R.S.1943, § 25-412;  Laws 2018, LB193, § 7.
NE Code § 25-412.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-412.01 - Criminal cases; counties of 4,000 population or less; inadequate facilities; change of venue.

25-412.01.  Criminal cases; counties of 4,000 population or less; inadequate facilities; change of venue.Any criminal case pending in either the county court or the district court in any county having a population of four thousand or less and not having adequate facilities for the trial of jury cases acceptable to the county and district judges may be tried in any adjoining county with the same effect as if tried in the county where the offense was committed.Source   Laws 1975, LB 97, § 1;   R.S.1943, (1985), § 24-901.
NE Code § 25-412.02 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-412.02 - Civil cases; counties of 4,000 population or less; inadequate facilities; change of venue.

25-412.02.  Civil cases; counties of 4,000 population or less; inadequate facilities; change of venue.Any civil case pending in either the county court, the Nebraska Workers' Compensation Court, or the district court in any county having a population of four thousand or less and not having adequate facilities for the trial of jury or other contested cases may be tried in any adjoining county with the same effect as if tried in the county in which the case was filed or venued.Source   Laws 1975, LB 97, § 2;   Laws 1986, LB 811, § 13;   R.S.Supp.,1988, § 24-902.
NE Code § 25-412.03 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-412.03 - County board; agreements for criminal and civil trials.

25-412.03.  County board; agreements for criminal and civil trials.The county board of any county described in section 25-412.01 or 25-412.02 may enter into an agreement under the Interlocal Cooperation Act with the county board of another county or other counties for the trial of all contested criminal and civil cases, whether or not a jury trial has been requested. Any case subject to any such agreement shall be subject to the applicable provisions of law relating to changes of venue except as provided in section 25-412.04.Source   Laws 1975, LB 97, § 3;   R.S.1943, (1985), § 24-903.  Cross References  Interlocal Cooperation Act, see section 13-801.
NE Code § 25-412.04 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-412.04 - Criminal and civil trials; agreements for change of venue; jury; selection.

25-412.04.  Criminal and civil trials; agreements for change of venue; jury; selection.The jury for any case to be tried pursuant to an agreement entered into under section 25-412.03 shall be selected from the county in which the case was first filed. The jury shall be selected in the manner prescribed in the Jury Selection Act. The summons shall direct attendance before the court by which the case is to be tried and the return thereof shall be made to the same court.Source   Laws 1975, LB 97, § 4;   R.S.1943, (1985), § 24-904;  Laws 2020, LB387, § 36.
NE Code § 25-413 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-413 - State, defined.

25-413.  State, defined.As used in sections 25-413 to 25-417, unless the context otherwise requires, state shall mean any foreign nation, and any state, district, commonwealth, territory or insular possession of the United States.Source  Laws 1969, c. 179, § 1, p. 769.