reglab/housing_qa huggingface dataset:
NE Code § 25-1935 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1935 - Opinion of appellate court; certified to clerk of district court.

25-1935.  Opinion of appellate court; certified to clerk of district court.It shall be the duty of the Clerk of the Supreme Court immediately upon the entering of a judgment by the Court of Appeals or Supreme Court to certify without cost a copy of the opinion of the court to the clerk of the district court from which the appeal was prosecuted.Source   Laws 1933, c. 39, § 1, p. 245;   C.S.Supp.,1941, § 20-1935;   R.S.1943, § 25-1935;   Laws 1991, LB 732, § 64.  Annotations Opinion of Supreme Court, duly certified, must be filed in the case in the trial court. Equitable Life Assur. Soc. v. Gillan, 70 F.Supp. 640 (D. Neb. 1945).
NE Code § 25-1936 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1936 - Order of remittitur deemed a final order.

25-1936.  Order of remittitur deemed a final order.Whenever in any action at law in the district court a verdict of the jury has been returned for the recovery of money and the court orders a remittitur by the prevailing party of a part of the amount of such verdict, either as a condition to allowing the verdict so reduced to stand or otherwise, such order of remittitur shall be deemed a final order from which such party may prosecute an appeal to the Court of Appeals. The provisions of this section shall not in any manner affect the rights of parties on appeal as provided for in section 25-1929.Source   Laws 1937, c. 45, § 1, p. 190;   C.S.Supp.,1941, § 20-1936;   R.S.1943, § 25-1936;   Laws 1991, LB 732, § 65.
NE Code § 25-1937 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1937 - Appeals; general procedure.

25-1937.  Appeals; general procedure.When the Legislature enacts a law providing for an appeal without providing the procedure therefor, the procedure for appeal to the district court shall be the same as for appeals from the county court to the district court in civil actions. Trial in the district court shall be de novo upon the issues made up by the pleadings in the district court. Appeals from the district court to the Court of Appeals shall be taken in the same manner provided by law for appeals from the district court in civil cases. This section shall not apply if the Administrative Procedure Act otherwise provides.Source   Laws 1963, c. 138, § 1, p. 515;   Laws 1988, LB 352, § 26;   Laws 1991, LB 732, § 66. Cross References  Administrative Procedure Act, see section 84-920.Annotations  Subsection (5) of section 23-114.01 provides for a right of appeal to the district court from a decision by the county planning commission or county board of commissioners or supervisors, without setting forth any procedure for prosecuting the appeal. Therefore, the appeal procedure in this section is also implicated. In re Application of Olmer, 275 Neb. 852, 752 N.W.2d 124 (2008). This section provides for appeal when a statute confers the right to appeal but fails to prescribe the procedure. Hawkins v. City of Omaha, 261 Neb. 943, 627 N.W.2d 118 (2001). This section provides the procedure for appeal when a statute confers a right to appeal, but fails to prescribe the procedure therefor. Prucha v. Kahlandt, 260 Neb. 366, 618 N.W.2d 399 (2000). This section and others cited provide for appeals from action of county superintendent in school reorganization case. Schroeder v. Oeltjen, 184 Neb. 8, 165 N.W.2d 81 (1969). Remedy by appeal under this section is not exclusive. Moser v. Turner, 180 Neb. 635, 144 N.W.2d 192 (1966). This section provides the procedure for appeal when right of appeal is given but procedure is not provided. School Dist. of Wilbur v. Pracheil, 180 Neb. 121, 141 N.W.2d 768 (1966).
NE Code § 25-2004 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2004 - District court judgment; grounds for vacation or modification; determination.

25-2004.  District court judgment; grounds for vacation or modification; determination.The court may first try and decide upon the grounds to vacate or modify a judgment or order, before trying or deciding upon the validity of the defense or cause of action.Source   R.S.1867, Code § 605, p. 501;   R.S.1913, § 8210;   C.S.1922, § 9163;   C.S.1929, § 20-2004;   R.S.1943, § 25-2004. Annotations  Court should not try out merits of controversy at same time it determines whether or not a valid cause of action or defense has been presented. Miller v. Schlereth, 151 Neb. 33, 36 N.W.2d 497 (1949). Attempt of county court to vacate judgment in civil action after term, without notice, was void. Stone v. Jensen, 118 Neb. 254, 224 N.W. 284 (1929). Court should hear evidence on petition to vacate before entry of order. Trimble & Blackman v. Corey & Son, 78 Neb. 639, 111 N.W. 376 (1907). General finding is sufficient in absence of request for special findings. Anthony & Co. v. Karbach, 64 Neb. 509, 90 N.W. 243 (1902). It is not necessary to tender an answer with a motion to vacate. Fisk v. Thorp, 60 Neb. 713, 84 N.W. 79 (1900).
NE Code § 25-2005 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2005 - District court judgment; vacation; existence of valid claim or defense a prerequisite; preservation of liens upon modification.

25-2005.  District court judgment; vacation; existence of valid claim or defense a prerequisite; preservation of liens upon modification.A judgment shall not be vacated on motion or complaint, until it is adjudged that there is a valid defense to the action in which the judgment is rendered, or, if the plaintiff seeks its vacation, that there is a valid cause of action; and when a judgment is modified, all liens and securities obtained under it shall be preserved to the modified judgment.Source   R.S.1867, Code § 606, p. 501;   R.S.1913, § 8211;   C.S.1922, § 9164;   C.S.1929, § 20-2005;   R.S.1943, § 25-2005;  Laws 2002, LB 876, § 29.  Annotations  Prerequisite to vacation of judgment is showing of valid defense. Gasper v. Mazur, 157 Neb. 857, 62 N.W.2d 117 (1954). Plaintiff seeking vacation of judgment after term must allege and prove valid cause of action. Morrill County v. Bliss, 125 Neb. 97, 249 N.W. 98 (1933). Court must adjudge that cause of action is prima facie valid before it is authorized to take action on motion. Gavin v. Reed, 73 Neb. 237, 102 N.W. 455 (1905). Mere showing of want of service of summons is not sufficient. Baldwin v. Burt, 54 Neb. 287, 74 N.W. 594 (1898). Party seeking to vacate judgment after term must plead and prove valid cause or defense. Gilbert v. Marrow, 54 Neb. 77, 74 N.W. 420 (1898). "Adjudged" means judicially determined. Western Assur. Co. of Toronto v. Klein, 48 Neb. 904, 67 N.W. 873 (1896). Applicant must allege and prove valid defense or cause of action. Bond v. Wycoff, 42 Neb. 214, 60 N.W. 564 (1894). Motion to vacate must be accompanied by answer. McBrien v. Riley, 38 Neb. 561, 57 N.W. 385 (1894).
NE Code § 25-2006 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2006 - District court judgment; proceedings to vacate or modify; injunction.

25-2006.  District court judgment; proceedings to vacate or modify; injunction.The party seeking to vacate or modify a judgment or order, may obtain an injunction suspending proceedings on the whole or part thereof, which injunction may be granted by the court, or any judge thereof, upon its being rendered probable, by affidavit or by exhibition of the record, that the party is entitled to have such judgment or order vacated or modified.Source   R.S.1867, Code § 607, p. 502;   R.S.1913, § 8212;   C.S.1922, § 9165;   C.S.1929, § 20-2006;   R.S.1943, § 25-2006.
NE Code § 25-2007 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2007 - District court judgment; rendition before action regularly stood for trial; rights of defendant; no showing of valid defense required.

25-2007.  District court judgment; rendition before action regularly stood for trial; rights of defendant; no showing of valid defense required.When the judgment was rendered before the action stood for trial, the suspension may be granted as provided in section 25-2006, although no valid defense to the action is shown; and the court shall make such orders concerning the executions to be issued on the judgment, as shall give to the defendant the same rights of delay he would have had if the judgment had been rendered at the proper time.Source   R.S.1867, Code § 608, p. 502;   R.S.1913, § 8213;   C.S.1922, § 9166;   C.S.1929, § 20-2007;   R.S.1943, § 25-2007. Annotations  Notice required by this section only applies when a default is to be taken in chambers. Frazier, Inc. v. Alexander, 183 Neb. 451, 161 N.W.2d 505 (1968). Where trial court vacated order of confirmation but did not set aside sale, return of purchase money was not warranted. Enquist v. Enquist, 146 Neb. 708, 21 N.W.2d 404 (1946).
NE Code § 25-2009 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2009 - Supreme Court, Court of Appeals, and county court judgments; laws applicable.

25-2009.  Supreme Court, Court of Appeals, and county court judgments; laws applicable.The provisions of Chapter 25 shall apply to the Supreme Court, Court of Appeals, and county court, so far as the same may be applicable to the judgments or final orders of such courts. The parties shall be limited to the same time in which to commence proceedings; and in estimating time, the county court shall, for such purpose, be considered as holding, in each year, a regular term of court commencing on January 1.Source   R.S.1867, Code § 610, p. 502;   R.S.1913, § 8215;   C.S.1922, § 9168;   C.S.1929, § 20-2009;   Laws 1941, c. 30, § 1, p. 139;   C.S.Supp.,1941, § 20-2009;   R.S.1943, § 25-2009;  Laws 2006, LB 1115, § 17.  Annotations  1. Power 2. Procedure 3. Miscellaneous 1. Power A county court in the exercise of its probate jurisdiction is not bound by the statute which fixes its terms within which its jurisdiction in civil cases must be exercised. In re Estate of Reikofski, 144 Neb. 735, 14 N.W.2d 379 (1944). County court has power to vacate order in probate proceedings at subsequent term. In re Estate of Sheerer, 137 Neb. 374, 289 N.W. 529 (1940). County court cannot vacate or modify judgment in civil cases beyond jurisdiction of justice after monthly term except as provided by statute. Stone v. Jensen, 118 Neb. 254, 224 N.W. 284 (1929). Justices and county courts exercising justice jurisdiction are not empowered to vacate judgment after time to appeal has expired, nor to vacate fraudulent judgment after term. Carlson v. Ray, 104 Neb. 18, 175 N.W. 886 (1919). County court may vacate probate procured by fraud and permit contest of will. In re Estate of Kelly, 103 Neb. 513, 172 N.W. 758 (1919), rehearing denied 103 Neb. 524, 175 N.W. 653 (1919). The county court may correct clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission by issuing an order nunc pro tunc as provided in section 25-2001(3). State v. Ziemann, 14 Neb. App. 117, 705 N.W.2d 59 (2005). 2. Procedure This section makes proceedings to vacate or modify judgment at subsequent term applicable to Supreme and county courts. In re Estate of Jensen, 135 Neb. 602, 283 N.W. 196 (1939). Law authorizing district court to vacate judgment cannot be invoked after judgment is pronounced regular by Supreme Court. Brandeen v. Beale, 117 Neb. 291, 220 N.W. 298 (1928). Final order of county court in proceeding to set aside fraudulent judgment is reviewable by district court on appeal. Gainsforth v. Peterson, 114 Neb. 442, 207 N.W. 935 (1926). Procedure to vacate judgment applies to county court in exercise of probate jurisdiction. Oakdale Heat & Light Co. v. Seymour, 78 Neb. 50, 114 N.W. 643 (1908). 3. Miscellaneous Statutory provision is exclusive. State v. State Journal Co., 77 Neb. 771, 111 N.W. 118 (1907).
NE Code § 25-2101 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2101 - Action on bonds or insurance; by whom and how brought.

25-2101.  Action on bonds or insurance; by whom and how brought.When an officer, executor, or administrator within this state, by misconduct or neglect of duty, forfeits his or her bond or commercial insurance policy or renders his or her sureties liable, any person injured thereby, or who is by law entitled to the benefit of the security, may bring an action thereon in his or her own name against the officer, executor, or administrator, and his or her sureties, to recover the amount to which he or she may be entitled by reason of the delinquency. The action may be instituted and proceeded in on a certified copy of the bond or commercial insurance policy, which copy shall be furnished by the person holding the original thereof.Source   R.S.1867, Code § 643, p. 507;   R.S.1913, § 8216;   C.S.1922, § 9169;   C.S.1929, § 20-2101;   R.S.1943, § 25-2101;  Laws 2004, LB 884, § 13.  Annotations  Section refers to bond given under statutory authority only. Cushing v. Lickert, 79 Neb. 384, 112 N.W. 616 (1907). Any person entitled to benefit of bond may sue thereon in his own name. Barker v. Wheeler, 71 Neb. 740, 99 N.W. 548 (1904). That bond is joint instead of joint and several is no defense. Wilcox v. Perkins County, 70 Neb. 139, 97 N.W. 236 (1903). County is not a necessary party. Stewart v. Carter, 4 Neb. 564 (1876).
NE Code § 25-2102 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2102 - Further action; authorized.

25-2102.  Further action; authorized.A judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency.Source   R.S.1867, Code § 644, p. 507;   R.S.1913, § 8217;   C.S.1922, § 9170;   C.S.1929, § 20-2102;   R.S.1943, § 25-2102.
NE Code § 25-2123 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2123 - Effect of punishment upon criminal liability.

25-2123.  Effect of punishment upon criminal liability.Persons punished for contempt under the preceding provisions shall nevertheless be liable to indictment, if such contempt shall amount to an indictable offense; but the court before which the conviction shall be had may, in determining the punishment, take into consideration the punishment before inflicted in mitigation of the sentence.Source   R.S.1867, Code § 671, p. 513;   R.S.1913, § 8238;   C.S.1922, § 9191;   C.S.1929, § 20-2123;   R.S.1943, § 25-2123. Annotations  The right of confrontation does not apply to criminal contempt proceedings and defendant's presence is not required if there have been suitable notice and adequate opportunity to appear and be heard. State v. Rhodes, 192 Neb. 557, 222 N.W.2d 837 (1974). Action for criminal contempt for practicing law without license was not barred by lapse of time or by statute making it a misdemeanor, there being no statute limiting time for prosecution of such action and no prejudice shown to defendant by delay. State ex rel. Wright v. Barlow, 132 Neb. 166, 271 N.W. 282 (1937). Failure of information for contempt to use word "willful" is not fatal. Kammer v. State, 105 Neb. 224, 180 N.W. 39 (1920).
NE Code § 25-2125 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2125 - Ejectment; answer; contents.

25-2125.  Ejectment; answer; contents.It shall be sufficient in such action if the answer denies generally the title alleged in the complaint, or that the defendant withholds possession, as the case may be; but if the defendant denies the title of the plaintiff, possession by the defendant shall be taken as admitted. If the defendant does not defend for the whole premises, the answer shall describe the particular part for which defense is made.Source   R.S.1867, Code § 627, p. 505;   R.S.1913, § 8240;   C.S.1922, § 9193;   C.S.1929, § 20-2125;   R.S.1943, § 25-2125;  Laws 2002, LB 876, § 31.  Annotations  Defendant's general denials in an ejectment action are sufficient to raise the question of the defendant's equity in the property as a defense to the ejectment action. Miller v. Radtke, 230 Neb. 561, 432 N.W.2d 542 (1988). Ejectment of a vendee may be granted as a remedy for violating the terms of a land contract only where the equities of the particular case justify such a disposition, where the property is of less value than the contract price, and where such a procedure would not offend against justice and equity. Miller v. Radtke, 230 Neb. 561, 432 N.W.2d 542 (1988). In an ejectment action, where defendant presents an equitable defense, the case is tried, and reviewed, as an action in equity. Miller v. Radtke, 230 Neb. 561, 432 N.W.2d 542 (1988). In enforcing a vendor's rights in a land contract, ejectment is a more severe disposition than is the remedy of strict foreclosure. Miller v. Radtke, 230 Neb. 561, 432 N.W.2d 542 (1988). Under general denial, defendant may prove estoppel to defeat plaintiff's cause of action. Fitch v. Walsh, 94 Neb. 32, 142 N.W. 293 (1913). Proof of adverse possession is admissible under general denial. Murray v. Romine, 60 Neb. 94, 82 N.W. 318 (1900). Where answer denies title and right of possession, defendant may interpose defense of adverse possession. Fink v. Dawson, 52 Neb. 647, 72 N.W. 1037 (1897). Defendant may interpose any number of defenses. Wanser v. Lucas, 44 Neb. 759, 62 N.W. 1108 (1895). Defendant under general denial may prove any fact which will defeat plaintiff's cause of action. Staley v. Housel, 35 Neb. 160, 52 N.W. 888 (1892). Statute of limitations is a defense. Gue v. Jones, 25 Neb. 634, 41 N.W. 555 (1889); Colvin v. Republican Valley Land Assn., 23 Neb. 75, 36 N.W. 361 (1888).
NE Code § 25-2126 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2126 - Ejectment; actions between tenants in common; complaint; allegations.

25-2126.  Ejectment; actions between tenants in common; complaint; allegations.In an action by a tenant in common of real property against a cotenant the plaintiff must state, in addition to what is required in section 25-2124, that the defendant either denies the plaintiff's right, or did some act amounting to such denial.Source   R.S.1867, Code § 628, p. 505;   R.S.1913, § 8241;   C.S.1922, § 9194;   C.S.1929, § 20-2126;   R.S.1943, § 25-2126. Annotations  Lease by tenant in common of an entire estate is void as to interest of his cotenants. Jackson v. O'Rorke, 71 Neb. 418, 98 N.W. 1068 (1904). Where tenant in common denies title of cotenants, and is in possession of and claiming property, such holding is adverse. Craven v. Craven, 68 Neb. 459, 94 N.W. 604 (1903). Statute of limitations need not be pleaded. Oldig v. Fisk, 53 Neb. 156, 73 N.W. 661 (1897). Tenant in common can recover only to extent of his title. Kirk v. Bowling, 20 Neb. 260, 29 N.W. 928 (1886).
NE Code § 25-2127 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2127 - Ejectment; plaintiff's right terminating while action pending; verdict; judgment.

25-2127.  Ejectment; plaintiff's right terminating while action pending; verdict; judgment.In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover for withholding the property.Source   R.S.1867, Code § 629, p. 505;   R.S.1913, § 8242;   C.S.1922, § 9195;   C.S.1929, § 20-2127;   R.S.1943, § 25-2127. Annotations Right to maintain ejectment of pendente lite purchaser was terminated upon confirmation of mortgage foreclosure sale, but recovery could be made of rents and profits. Orr v. Broad, 52 Neb. 490, 72 N.W. 850 (1897).
NE Code § 25-2128 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2128 - Ejectment; occupying claimants; rights.

25-2128.  Ejectment; occupying claimants; rights.The parties in an action for the recovery of property may avail themselves, if entitled thereto, of the relief provided for in sections 76-301 to 76-311 for occupying claimants.Source   R.S.1867, Code § 632, p. 506;   R.S.1913, § 8234;   C.S.1922, § 9196;   C.S.1929, § 20-2128;   R.S.1943, § 25-2128. Annotations  To recover under occupying claimant's act, defendant must have made improvements or paid taxes while in good faith claiming title. Carter v. Brown, 35 Neb. 670, 53 N.W. 580 (1892). Measure of recovery by occupying claimant is the amount the improvements add to value of property. Fletcher v. Brown, 35 Neb. 660, 53 N.W. 577 (1892).
NE Code § 25-2129 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2129 - Waste; negligence in preventing; liability.

25-2129.  Waste; negligence in preventing; liability.Any person whose duty it is to prevent waste, and who has not used reasonable care and diligence to prevent it, is deemed to have committed it.Source   R.S.1867, Code § 635, p. 506;   R.S.1913, § 8246;   C.S.1922, § 9199;   C.S.1929, § 20-2131;   R.S.1943, § 25-2129.
NE Code § 25-2130 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2130 - Trespass; liability; damages; when recoverable.

25-2130.  Trespass; liability; damages; when recoverable.For willful trespass, injuring any timber, tree, or shrub on the land of another, or in the street or highway in front of another's cultivated ground, yard, or town lot, or on the public grounds of any town, or any land held by this state, for any purpose whatever, the trespasser shall pay damages at the suit of any person entitled to protect or enjoy the property aforesaid.Source   R.S.1867, Code § 636, p. 506;   R.S.1913, § 8247;   C.S.1922, § 9200;   C.S.1929, § 20-2132;   R.S.1943, § 25-2130;  Laws 2000, LB 626, § 20.  Annotations  To recover multiple damages one must distinctly claim them in his petition. George Rose Sodding & Grading Co., Inc. v. City of Omaha, 190 Neb. 12, 205 N.W.2d 655 (1973). To constitute willful trespass, act must be done knowingly or intentionally. Hallowell v. Borchers, 150 Neb. 322, 34 N.W.2d 404 (1948). Waste defined; equity will restrain. Hayman v. Rownd, 82 Neb. 598, 118 N.W. 328 (1908). Injunction to restrain threatened trespass is allowable. Peterson v. Hopewell, 55 Neb. 670, 76 N.W. 451 (1898). Entry of homesteader is sufficient to support action. Culbertson Irrigating & Water Power Co. v. Olander, 51 Neb. 539, 71 N.W. 298 (1897).
NE Code § 25-2131 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2131 - Trespass; taking timber for repair of public highways or bridges; liability.

25-2131.  Trespass; taking timber for repair of public highways or bridges; liability.Nothing herein contained authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge in its immediate neighborhood.Source   R.S.1867, Code § 637, p. 506;   R.S.1913, § 8248;   C.S.1922, § 9201;   C.S.1929, § 20-2133;   R.S.1943, § 25-2131.
NE Code § 25-2132 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2132 - Waste or trespass; remainderman; reversioner; rights.

25-2132.  Waste or trespass; remainderman; reversioner; rights.The owner of an estate in remainder or reversion, may maintain an action for trespass or waste for injuries done to the inheritance, notwithstanding any intervening estate for life or years.Source   R.S.1867, Code § 638, p. 506;   R.S.1913, § 8249;   C.S.1922, § 9202;   C.S.1929, § 20-2134;   R.S.1943, § 25-2132. Annotations  Lessee remaining in possession after death of life tenant becomes liable to the reversioner for reasonable value of the use and occupation of premises. Guthmann v. Vallery, 51 Neb. 824, 71 N.W. 734 (1897). Conveyance of reversion carries rents. Eiseley v. Spooner, 23 Neb. 470, 36 N.W. 659 (1888).