reglab/housing_qa huggingface dataset:
NE Code § 25-1068 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1068 - Service of order of injunction; when not required.

25-1068.  Service of order of injunction; when not required.The order of injunction shall be addressed to the party enjoined, shall state the injunction, and shall be issued by the clerk. Where the injunction is allowed at the commencement of the action, the clerk shall endorse upon the summons injunction allowed, and it shall not be necessary to issue the order of injunction; nor shall it be necessary to issue the same where notice of the application therefor has been given to the party enjoined. The service of the summons so endorsed, or the notice of the application for an injunction, shall be notice of its allowance.Source   R.S.1867, Code § 256, p. 436;   R.S.1913, § 7797;   C.S.1922, § 8741;   C.S.1929, § 20-1068;   R.S.1943, § 25-1068. Cross References  For endorsement by sheriff showing time he or she received the summons, see section 23-1701.05.Annotations Summons endorsed, injunction allowed, is sufficient notice of order. State ex rel. Minden-Edison Light & Power Co. v. Dungan, 89 Neb. 738, 132 N.W. 305 (1911).
NE Code § 25-1069 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1069 - Service of order; return.

25-1069.  Service of order; return.Where the injunction is allowed during litigation and without notice of the application therefor, the order of injunction shall be issued, and the sheriff shall forthwith serve the same upon each party enjoined, in the manner prescribed for serving a summons, and make return thereof without delay.Source   R.S.1867, Code § 257, p. 436;   R.S.1913, § 7798;   C.S.1922, § 8742;   C.S.1929, § 20-1069;   R.S.1943, § 25-1069.
NE Code § 25-1070 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1070 - Injunctions; when binding.

25-1070.  Injunctions; when binding.An injunction binds the party from the time he has notice thereof and the undertaking required of the applicant therefor is executed.Source   R.S.1867, Code § 258, p. 436;   R.S.1913, § 7799;   C.S.1922, § 8743;   C.S.1929, § 20-1070;   R.S.1943, § 25-1070.
NE Code § 25-1071 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1071 - Injunctions not granted; when.

25-1071.  Injunctions not granted; when.No injunction shall be granted by a judge, after a motion therefor has been overruled on the merits of the application by this court; and where it has been refused by the court in which the action is brought, or a judge thereof, it shall not be granted to the same applicant by a court of inferior jurisdiction or any judge thereof.Source   R.S.1867, Code § 259, p. 436;   R.S.1913, § 7800;   C.S.1922, § 8744;   C.S.1929, § 20-1071;   R.S.1943, § 25-1071.
NE Code § 25-1073 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1073 - Motion for additional security; vacation.

25-1073.  Motion for additional security; vacation.A party enjoined may, at any time before judgment, upon reasonable notice to the party who has obtained the injunction, move the court for additional security; and if it appears that the surety in the undertaking has removed from the state, or is insufficient, the court may vacate the injunction, unless in a reasonable time sufficient security be given.Source   R.S.1867, Code § 261, p. 436;   R.S.1913, § 7802;   C.S.1922, § 8746;   C.S.1929, § 20-1073;   R.S.1943, § 25-1073.
NE Code § 25-1074 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1074 - Hearings; affidavits.

25-1074.  Hearings; affidavits.On the hearing of an application for an injunction, each party may read affidavits. All affidavits shall be filed.Source   R.S.1867, Code § 262, p. 437;   R.S.1913, § 7803;   C.S.1922, § 8747;   C.S.1929, § 20-1074;   R.S.1943, § 25-1074. Annotations This section permits affidavits on application for injunction, but not on final hearing. Francisco v. Furry, 82 Neb. 754, 118 N.W. 1102 (1908).
NE Code § 25-1075 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1075 - Injunction without notice; vacation; modification; notice.

25-1075.  Injunction without notice; vacation; modification; notice.If the injunction is granted without notice, the defendant, at any time before the trial, may apply, upon notice, to the court in which the action is brought or any judge thereof, to vacate or modify the same. The application may be made upon the complaint or petition and affidavits upon which the injunction is granted, or upon affidavits on the part of the party enjoined, with or without answer. The order of the judge allowing, dissolving, or modifying an injunction shall be returned to the office of the clerk of the court in which the action is brought and recorded and obeyed as if made by the court.Source   R.S.1867, Code § 263, p. 437;   R.S.1913, § 7804;   C.S.1922, § 8748;   C.S.1929, § 20-1075;   R.S.1943, § 25-1075;  Laws 2002, LB 876, § 22.  Annotations Judge at chambers cannot dispose of main case. Browne v. Edwards & McCullough Lumber Co., 44 Neb. 361, 62 N.W. 1070 (1895).
NE Code § 25-1076 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1076 - Injunction without notice; showing and counter-showing; affidavits.

25-1076.  Injunction without notice; showing and counter-showing; affidavits.If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to that on which the injunction was granted.Source   R.S.1867, Code § 264, p. 437;   R.S.1913, § 7805;   C.S.1922, § 8749;   C.S.1929, § 20-1076;   R.S.1943, § 25-1076. Annotations Plaintiff should be allowed reasonable time to procure counter affidavits. Armstrong v. Sweeney, 65 Neb. 676, 91 N.W. 570 (1902).
NE Code § 25-1077 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1077 - Counterclaim; injunction upon.

25-1077.  Counterclaim; injunction upon.A defendant may obtain an injunction upon an answer in the nature of a counterclaim. He shall proceed in the manner prescribed in sections 25-1062 to 25-1080.Source   R.S.1867, Code § 265, p. 437;   R.S.1913, § 7806;   C.S.1922, § 8750;   C.S.1929, § 20-1077;   R.S.1943, § 25-1077.
NE Code § 25-1078 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1078 - Temporary injunction; modification; dissolution; supersedeas bond.

25-1078.  Temporary injunction; modification; dissolution; supersedeas bond.In case of the dissolution or modification by any court, or any judge at chambers, of any temporary order of injunction which has been or may hereafter be granted, the court or judge so dissolving or modifying said order of injunction shall, at the same time, fix a reasonable sum as the amount of a supersedeas bond, which the person or persons applying for said injunction may give, and prevent the doing of the act or acts, the commission of which was, or may be sought to be restrained by the injunction so dissolved and modified.Source   Laws 1889, c. 27, § 1, p. 373;   R.S.1913, § 7807;   C.S.1922, § 8751;   C.S.1929, § 20-1078;   R.S.1943, § 25-1078. Annotations  Temporary restraining order cannot be continued in effect by supersedeas bond after denial of permanent injunction. Harbin v. Love, 119 Neb. 76, 227 N.W. 145 (1929). Supersedeas is allowable on dissolution of temporary injunction. State ex rel. Minden-Edison Light & Power Co. v. Dungan, 89 Neb. 738, 132 N.W. 305 (1911). Supersedeas should not be allowed on dissolution of temporary restraining order. State ex rel. Beecher v. Wakeley, 28 Neb. 431, 44 N.W. 488 (1890). Order dissolving injunction is appealable only after final judgment in action. Horst v. Board of Supervisors of Dodge County, 5 Neb. Unof. 410, 98 N.W. 822 (1904). Order which does not render first less effective does not modify injunction. State ex rel. Plattsmouth Telephone Co. v. Fawcett, 2 Neb. Unof. 503, 89 N.W. 273 (1902).
NE Code § 25-1079 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1079 - Temporary injunction; modification; dissolution; supersedeas bond; when executed; form; contents.

25-1079.  Temporary injunction; modification; dissolution; supersedeas bond; when executed; form; contents.Such supersedeas bond shall be executed on or before twenty days from the time of the order dissolving or modifying such injunction, shall be signed by one or more sufficient sureties to be approved by the clerk of the court, and shall be conditioned that the party or parties who obtained such injunction shall pay to the defendant, or defendants, all damages, which he or they shall sustain by reason of said injunction, if it be finally decided that such injunction ought not to have been granted.Source   Laws 1889, c. 27, § 2, p. 374;   R.S.1913, § 7808;   C.S.1922, § 8752;   C.S.1929, § 20-1079;   R.S.1943, § 25-1079. Annotations All reasonable damages may be recovered by an enjoined party if the injunction was granted in error. Reasonable attorney fees incurred in dissolving the bond may also be recovered. Koch v. Aupperle, 277 Neb. 560, 763 N.W.2d 415 (2009).
NE Code § 25-1080 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1080 - Temporary injunction; modification; dissolution; supersedeas bond; effect.

25-1080.  Temporary injunction; modification; dissolution; supersedeas bond; effect.Such supersedeas bond shall stay the doing of the act or acts sought to be restrained by the suit, and continue such injunction in force until the case is heard and finally determined by the judgment, decree or final order of the court in term time.Source   Laws 1889, c. 27, § 3, p. 374;   R.S.1913, § 7809;   C.S.1922, § 8753;   C.S.1929, § 20-1080;   R.S.1943, § 25-1080.
NE Code § 25-1083 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1083 - Property; possession by sheriff; when authorized; restitution.

25-1083.  Property; possession by sheriff; when authorized; restitution.Should the delay occasioned by the giving of the notice provided for in section 25-1082 be hazardous to the rights of any party, the court or judge may, by order, direct the sheriff of the county in which such action is pending to take temporary possession of the property, and shall appoint an early day for the hearing of the application, and if at such hearing the application is refused, restitution shall be made of the property to the party from whom the same was taken.Source   R.S.1867, Code § 268, p. 438;   R.S.1913, § 7812;   C.S.1922, § 8756;   C.S.1929, § 20-1083;   R.S.1943, § 25-1083. Annotations Levy of attachment on portion of property without leave of court is not void in absence of objection by sheriff as custodian. Ackerman v. Ackerman, 50 Neb. 54, 69 N.W. 388 (1896).
NE Code § 25-1084 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1084 - Applicants for receiver; bonds required; contents; filing.

25-1084.  Applicants for receiver; bonds required; contents; filing.Every order appointing a receiver shall require the applicant to give a good and sufficient bond, conditioned to pay all damages which the other parties to the suit or any of them may sustain by reason of the appointment of a receiver, in case it shall be finally decided that the order ought not to have been granted, and shall also require the receiver to give a bond conditioned to faithfully discharge his duties as receiver and obey all orders of the court. The bonds shall each run to the defendant and all adverse parties in interest, shall be for the use of any party to the suit, shall be in a penal sum to be fixed by the court, but not, however, to be in excess of a sum equal to double the value of the property in question, shall be executed by one surety where such surety is an incorporated surety company authorized by the laws of this state to transact such business, and by two or more sureties where such sureties are natural persons, to be approved by the court or judge making the appointment, and shall be filed in the office of the clerk of the district court; nor shall the same be considered executed until they are so filed.Source   R.S.1867, Code § 269, p. 438;   Laws 1875, § 1, p. 36;   Laws 1897, c. 89, § 1, p. 370;   R.S.1913, § 7813;   C.S.1922, § 8757;   Laws 1923, c. 102, § 1, p. 257;   C.S.1929, § 20-1084;   R.S.1943, § 25-1084. Cross References   Other bond provisions, see section 25-1018.  State officers, departments, or receivers appointed on application of state, not required to give bond, see section 25-21,216.  Trust companies, see section 8-211. Annotations  Defect in or total failure to approve bond does not invalidate it. Modisett v. Campbell, 144 Neb. 222, 13 N.W.2d 126 (1944). Action will lie against receiver for deceit for making false statements in purchasing claims of creditors. State v. Merchants Bank, 81 Neb. 710, 120 N.W. 157 (1909). Measure of damages for wrongful appointment is rental value of premises and counsel fees on vacation of order. Joslin v. Williams, 76 Neb. 594, 107 N.W. 837 (1906), affirmed on rehearing, 76 Neb. 602, 112 N.W. 343 (1907).
NE Code § 25-1085 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1085 - Application; form; content.

25-1085.  Application; form; content.If a complainant desires the appointment of a receiver at the commencement of the action, the complainant shall request such appointment in the complaint. If the occasion for a receiver arises while the suit is pending, the application shall be made by a motion setting forth the facts and circumstances making such appointment necessary or proper.Source   R.S.1867, Code § 270, p. 438;   R.S.1913, § 7814;   C.S.1922, § 8758;   C.S.1929, § 20-1085;   R.S.1943, § 25-1085;  Laws 2002, LB 876, § 23.  Annotations  Appointment of receiver is purely ancillary remedy and cannot be maintained in proceeding instituted solely for that purpose. Cressman v. Bonham, 129 Neb. 201, 260 N.W. 818 (1935). Verification is not jurisdictional, and may be waived. Farmers & Merchants Bank of Holstein v. German Nat. Bank of Lincoln, 59 Neb. 229, 80 N.W. 820 (1899).
NE Code § 25-1086 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1086 - Qualifications of receiver; sureties; objections; nomination by other parties.

25-1086.  Qualifications of receiver; sureties; objections; nomination by other parties.Any party to the suit may, upon the hearing of the application, show, by affidavit or otherwise, objections to the proposed sureties and to the proposed receiver, and what is the value of the property to be taken possession of, and that a receiver ought not to be appointed. He may also nominate a person to be receiver, giving at the same time the names of his proposed sureties. No person shall be appointed receiver who is party, solicitor, counsel, or in any manner interested in the suit.Source   R.S.1867, Code § 271, p. 439;   R.S.1913, § 7815;   C.S.1922, § 8759;   C.S.1929, § 20-1086;   R.S.1943, § 25-1086. Annotations Attorney for party is not proper counsel for receiver. Veith v. Ress, 60 Neb. 52, 82 N.W. 116 (1900).
NE Code § 25-1087 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1087 - Order of appointment; special directions.

25-1087.  Order of appointment; special directions.Every order appointing a receiver shall contain special directions in respect to his powers and duties, and upon application of any party to the suit, after due notice thereof, such further directions may be made in that behalf by the court or judge as may in the further progress of the cause become proper.Source   R.S.1867, Code § 272, p. 439;   R.S.1913, § 7816;   C.S.1922, § 8760;   C.S.1929, § 20-1087;   R.S.1943, § 25-1087. Annotations  Order appointing receiver should contain special directions with respect to his powers and duties. Frese v. Michalec, 151 Neb. 57, 36 N.W.2d 494 (1949). A judicial order appointing a receiver to liquidate affairs of insolvent state bank includes power of receiver to sue executive officer of bank and surety on his bond to recover losses sustained by bank for acts in violation of the bond. Luikart v. Flannigan, 130 Neb. 901, 267 N.W. 165 (1936). This section was incorporated by reference in procedure for liquidation by court of affairs of insolvent bank. State ex rel. Sorensen v. Nebraska State Bank of Bloomfield, 124 Neb. 449, 247 N.W. 31 (1933). Orders will not be modified unless abuse of discretion is shown. State v. Bank of Rushville, 57 Neb. 608, 78 N.W. 281 (1899). Receiver may sue for and collect unpaid stock subscriptions that are called for by the directors of the corporation before it is put in the hands of a receiver. Wyman v. Williams, 53 Neb. 670, 74 N.W. 48 (1898).
NE Code § 25-1088 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1088 - Receivers; extent of representation.

25-1088.  Receivers; extent of representation.Every receiver shall be considered the receiver of any party to the suit, and no others.Source   R.S.1867, Code § 273, p. 439;   R.S.1913, § 7817;   C.S.1922, § 8761;   C.S.1929, § 20-1088;   R.S.1943, § 25-1088. Annotations  Court has no power to appoint even temporary receiver for solvent corporation without notice to stockholders, where officers, who were the only parties notified, were charged with misuse of corporate powers. Furrer v. Nebraska Bldg. & Inv. Co., 108 Neb. 698, 189 N.W. 359 (1922). Parties are not liable for receiver's wrongful acts. City Savings Bank v. Carlon, 87 Neb. 266, 127 N.W. 161 (1910). Bond holders who are not parties to suit are not bound by acts of receiver. Smiley v. Sioux Beet Syrup Co., 71 Neb. 581, 99 N.W. 263 (1904).
NE Code § 25-1089 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1089 - Appointment of receiver without notice; void; suspension of order, when.

25-1089.  Appointment of receiver without notice; void; suspension of order, when.Every order appointing a receiver without the notice provided for herein shall be void, and every such order heretofore made, under which the appointee has not possessed himself of the property in question, shall be suspended until an order shall have been made and the bonds executed and filed in accordance with the provisions of sections 25-1081 to 25-1092.Source   R.S.1867, Code § 274, p. 439;   R.S.1913, § 7818;   C.S.1922, § 8762;   C.S.1929, § 20-1089;   R.S.1943, § 25-1089. Annotations  Requirement of giving of notice of application for receiver is mandatory, but may be waived. Modisett v. Campbell, 144 Neb. 222, 13 N.W.2d 126 (1944). Statutory notice to interested parties is jurisdictional. Furrer v. Nebraska Bldg. & Inv. Co., 108 Neb. 698, 189 N.W. 359 (1922). Where record shows receiver was appointed before day set in notice, it is void and may be collaterally attacked. Gibson v. Sexson, 82 Neb. 475, 118 N.W. 77 (1908). Taking possession of bank by receiver is sufficient notice to protect from collateral attack. Holcomb v. Tierney, 79 Neb. 660, 113 N.W. 204 (1907). Appointment without notice is void not voidable. Smiley v. Sioux Beet Syrup Co., 71 Neb. 581, 99 N.W. 263 (1904); Johnson v. Powers, 21 Neb. 292, 32 N.W. 62 (1887). Notice may be waived by resisting appointment on other grounds; court may appoint one not named, without further notice. Farmers & Merchants Bank of Holstein v. German Nat. Bank of Lincoln, 59 Neb. 229, 80 N.W. 820 (1899). Order, regular on its face, is prima facie valid, and protects receiver. Edee v. Strunk, 35 Neb. 307, 53 N.W. 70 (1892).
NE Code § 25-1091 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1091 - Receivers; disobedience of orders; punishment; sheriff may act.

25-1091.  Receivers; disobedience of orders; punishment; sheriff may act.Whenever, in the exercise of their authority, the court or judge shall have ordered the deposit or delivery of money or other things, and the order is disobeyed, the court or judge, in addition to punishing such disobedience as for contempt, may make an order requiring the sheriff to take the money or thing, and deposit or deliver it, in conformity with the direction of the court or judge.Source   R.S.1867, Code § 276, p. 439;   Laws 1899, c. 82, § 1, p. 337;   R.S.1913, § 7820;   C.S.1922, § 8764;   C.S.1929, § 20-1091;   R.S.1943, § 25-1091.
NE Code § 25-1092 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1092 - Receivers; compensation.

25-1092.  Receivers; compensation.Receivers shall receive for their services such compensation as the court may award, subject to the following restrictions:(1) Receivers appointed for the purpose of preserving and protecting property pending litigation, or for the purpose of continuing the business of the debtor or corporation pending litigation, or when financially embarrassed, may be awarded a salary or lump sum;(2) Receivers appointed for the purpose of winding up the affairs of a debtor or corporation, reducing the assets to cash and distributing them, shall be awarded as compensation for such services a percentage upon the cash received and properly accounted for by them, which percentage may be increased where extraordinary services have been performed, and correspondingly reduced where the services have not been meritoriously performed.Source   Laws 1899, c. 33, § 1, p. 169;   R.S.1913, § 7821;   C.S.1922, § 8765;   C.S.1929, § 20-1092;   R.S.1943, § 25-1092. Annotations  Allowance to receiver of lump sum rather than percentage of cash received was proper where receiver was primarily appointed to conserve assets. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 298, 96 N.W.2d 55 (1959). Exercise of power to appoint receiver for winding up affairs of corporation was contemplated by this section. State ex rel. Sorensen v. Nebraska State Bank, 124 Neb. 449, 247 N.W. 31 (1933). Compensation is in discretion of court; and order will not be modified unless discretion was abused. State v. Nebraska Savings & Exchange Bank, 61 Neb. 496, 85 N.W. 391 (1901).
NE Code § 25-1093 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1093 - Replevin; delivery of property; notice, when required.

25-1093.  Replevin; delivery of property; notice, when required.The plaintiff in an action to recover the possession of specific personal property may, at the commencement of the suit, or any time before answer, request the delivery of such property as provided by sections 25-1093 to 25-1098, 25-10,109, and 25-10,110. In a replevin action under the Grain Warehouse Act, notice shall be given as provided in section 88-547.02.Source   R.S.1867, Code § 181, p. 421;   R.S.1913, § 7822;   C.S.1922, § 8766;   C.S.1929, § 20-1093;   R.S.1943, § 25-1093;   Laws 1973, LB 474, § 1;  Laws 2005, LB 492, § 1.  Cross References  Grain Warehouse Act, see section 88-525.Annotations  Where both parties contemplated that payment for cattle would be made by draft drawn on the buyer by the seller, the transaction was a cash sale and seller could properly reclaim the cattle from the buyer following buyer's dishonor of the draft drawn on buyer by seller pursuant to the parties' agreement. Peck v. Augustine Bros. Co., 203 Neb. 574, 279 N.W.2d 397 (1979). Action of replevin is in part a proceeding in rem, and trial de novo is authorized in district court on appeal. Lemer v. Hunyak, 104 Neb. 2, 175 N.W. 605 (1919). Replevin action may proceed to trial and judgment without the property being delivered to the plaintiff. Hudelson v. First Nat. Bank of Tobias, 56 Neb. 247, 76 N.W. 570 (1898). Replevin cannot be had for exempt property until inventory and selection by debtor. Mann v. Welton, 21 Neb. 541, 32 N.W. 599 (1887).