reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1405 - Death of party; cessation of powers of personal representative; right of action surviving to or against successor; revivor.

25-1405.
Death of party; cessation of powers of personal representative; right of action surviving to or against successor; revivor.
Where one of the parties to an action dies, or his powers as a personal representative cease, before the judgment, if the right of action survives in favor of or against his representatives or successor, the action may be revived, and proceed in their names.
Source
R.S.1867, Code § 458, p. 470;
R.S.1913, § 8026;
C.S.1922, § 8967;
C.S.1929, § 20-1405;
R.S.1943, § 25-1405.
Annotations
Where there is no probate and no personal representative of the original plaintiff, the action may be revived in the names of the heirs-at-law of the original plaintiff. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).
Section is not applicable as to revivor sought by executor of widow's estate in claim for widow's allowance. In re Samson's Estate, 142 Neb. 556, 7 N.W.2d 60 (1942).
Where party plaintiff dies before judgment, action can no longer proceed in his name but must be revived. Vogt v. Daily, 70 Neb. 812, 98 N.W. 31 (1904).
Action to recover support for child born out of wedlock may be revived in name of county. Dodge County v. Kemnitz, 28 Neb. 224, 44 N.W. 184 (1889).
Upon the cessation of a personal representative's powers as a result of his or her death, the personal injury action in which he or she is the plaintiff, while not abating but still surviving, becomes suspended or dormant until such time as it is revived or stricken from the docket in accordance with the procedure set forth by statute. Linch v. Northport Irr. Dist., 14 Neb. App. 842, 717 N.W.2d 522 (2006).
Because inmate's cause of action against the State for allegedly violating his constitutional rights did not survive his death, it could not be revived. Fitzgerald v. Clarke, 9 Neb. App. 898, 621 N.W.2d 844 (2001).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1406 - Revivor; procedure; conditional order.

25-1406.
Revivor; procedure; conditional order.
The revivor shall be, by a conditional order of the court if made in term, or by a judge thereof if made in vacation, that the action be revived in the names of the representatives or successor of the party who died, or whose powers ceased; and proceed in favor of or against them.
Source
R.S.1867, Code § 459, p. 470;
R.S.1913, § 8027;
C.S.1922, § 8968;
C.S.1929, § 20-1406;
R.S.1943, § 25-1406.
Annotations
Where there is no probate and no personal representative of the original plaintiff, the action may be revived in the names of the heirs-at-law of the original plaintiff. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).
Procedure for revivor is provided for actions that do not abate. Workman v. Workman, 167 Neb. 857, 95 N.W.2d 186 (1959).
Provisions of the civil code relative to abatement and revivor of actions are applicable to revivor of actions in Supreme Court. Keefe v. Grace, 142 Neb. 330, 6 N.W.2d 59 (1942).
If order is made absolute, right of administrator cannot be contested in main action. Missouri P. Ry. Co. v. Fox, 56 Neb. 746, 77 N.W. 130 (1898).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1407 - Revivor; procedure; motion.

25-1407.
Revivor; procedure; motion.
The order may be made on the motion of the adverse party, or of the representatives or successor of the party who died, or whose powers ceased, suggesting his death or the cessation of his powers, which, with the names and capacities of his representatives or successor, shall be stated in the order.
Source
R.S.1867, Code § 460, p. 470;
R.S.1913, § 8028;
C.S.1922, § 8969;
C.S.1929, § 20-1407;
R.S.1943, § 25-1407.
Annotations
Procedure for revivor is provided for actions that do not abate. Workman v. Workman, 167 Neb. 857, 95 N.W.2d 186 (1959).
Provisions of the civil code relative to abatement and revivor of actions are applicable to revivor of actions in Supreme Court. Keefe v. Grace, 142 Neb. 330, 6 N.W.2d 59 (1942).
Action for personal injuries does not abate by death, and administrator may revive. Murray v. Omaha Transfer Co., 95 Neb. 175, 145 N.W. 360 (1914), on rehearing, 98 Neb. 482, 153 N.W. 488 (1915).
Party having no interest in litigation adverse to deceased party cannot make motion. Jameson v. Bartlett, 63 Neb. 638, 88 N.W. 860 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1408 - Revivor; procedure; service of order; order by consent.

25-1408.
Revivor; procedure; service of order; order by consent.
If the order is made by consent of the parties, the action shall forthwith stand revived; and if not made by consent, the order shall be served in the same manner, and returned within the same time, as a summons, upon the party adverse to the one making the motion, and if sufficient cause be not shown against the revivor, the action shall stand revived.
Source
R.S.1867, Code § 461, p. 470;
R.S.1913, § 8029;
C.S.1922, § 8970;
C.S.1929, § 20-1408;
R.S.1943, § 25-1408.
Annotations
An order reviving an action, whether the order was entered in proceedings under section 25-322 or under sections 25-1403 to 25-1420, is not a final order from which an appeal may immediately be taken. The order may be reviewed after final judgment in the case. Platte Valley Nat. Bank v. Lasen, 273 Neb. 602, 732 N.W.2d 347 (2007).
Where the defendant did not object to the conditional order of revivor and allowed it to become final, defendant's subsequent efforts to challenge the revivor action are of no avail. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).
Motion for revivor fails when no conditional order is issued and served upon adverse party, and notice of pendency of motion is served only on attorneys. Keefe v. Grace, 142 Neb. 330, 6 N.W.2d 59 (1942).
Statutes regulating revival of actions are permissive, and do not operate to modify the appeal statute, once the latter has commenced to run, but must be subordinated thereto. Independent Lubricating Co. v. Good, 135 Neb. 171, 280 N.W. 460 (1938).
Service on attorney of record is insufficient; general appearance waives. Missouri P. Ry. Co. v. Fox, 56 Neb. 746, 77 N.W. 130 (1898).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1409 - Revivor; procedure; service of order by publication.

25-1409.
Revivor; procedure; service of order by publication.
When the plaintiff shall make an affidavit, that the representatives of the defendant, or any of them, in whose name the action may be ordered to be revived, are nonresidents of the state, or have left the same to avoid the service of the order, or so concealed themselves that the order cannot be served upon them, or that the names and residence of the heirs or devisees of the person against whom the action may be ordered to be revived, or some of them, are unknown to the affiant, a notice may be published once in each week for four successive weeks, in the same manner as provided by section 25-519, notifying them to appear on a day therein named, not less than ten days after the publication is complete, and show cause why the action should not be revived against them; and if sufficient cause be not shown to the contrary, the action shall stand revived.
Source
R.S.1867, Code § 462, p. 470;
R.S.1913, § 8030;
C.S.1922, § 8971;
C.S.1929, § 20-1409;
R.S.1943, § 25-1409;
Laws 1971, LB 47, § 2;
Laws 1996, LB 299, § 20.
Annotations
Time for taking an appeal is not suspended until a representative is appointed and revivor had. Independent Lubricating Co. v. Good, 135 Neb. 171, 280 N.W. 460 (1938).
Service by publication in revival of dormant judgment is authorized. White v. Ress, 80 Neb. 749, 115 N.W. 301 (1908).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1410 - Death of plaintiff; in whose name action revived.

25-1410.
Death of plaintiff; in whose name action revived.
Upon the death of the plaintiff in an action, it may be revived in the names of his representatives, to whom his right has passed. Where his right has passed to his personal representative, the revivor shall be in his name; where it has passed to his heirs or devisees, who could support the action if brought anew, the revivor may be in their names.
Source
R.S.1867, Code § 463, p. 470;
R.S.1913, § 8031;
C.S.1922, § 8972;
C.S.1929, § 20-1410;
R.S.1943, § 25-1410.
Annotations
Where there is no probate and no personal representative of the original plaintiff, the action may be revived in the names of the heirs-at-law of the original plaintiff. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).
Action to quiet title to real estate cannot be revived in name of administrator. Egan v. Niemann, 154 Neb. 161, 47 N.W.2d 404 (1951).
Where sole plaintiff in foreclosure proceedings died, leaving a will, revivor should be had in name of devisees. Vybiral v. Schildhauer, 144 Neb. 114, 12 N.W.2d 660 (1944).
Action for personal injuries does not abate by death, and administrator may revive. Murray v. Omaha Transfer Co., 95 Neb. 175, 145 N.W. 360 (1914), on rehearing, 98 Neb. 482, 153 N.W. 488 (1915).
Section is applicable to cases pending in Supreme Court. Sheibley v. Nelson, 83 Neb. 501, 119 N.W. 1124 (1909); Schmitt & Bros. Co. v. Mahoney, 60 Neb. 20, 82 N.W. 99 (1900).
Judgment should not be revived in name of administrator where he has not succeeded to rights of deceased. Vogt v. Binder, 76 Neb. 361, 107 N.W. 383 (1906).
Where sole plaintiff dies, proceedings are suspended until revived. Street v. Smith, 75 Neb. 434, 106 N.W. 472 (1906).
Where rights pass to heirs, heirs become necessary parties. Urlau v. Ruhe, 63 Neb. 883, 89 N.W. 427 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1411 - Death of defendant; against whom action revived.

25-1411.
Death of defendant; against whom action revived.
Upon the death of a defendant in an action, wherein the right, or any part thereof, survives against his personal representative, the revivor shall be against him; and it may also be against the heirs or devisees of the defendant, or both, when the right of action, or any part thereof, survives against them.
Source
R.S.1867, Code § 464, p. 471;
R.S.1913, § 8032;
C.S.1922, § 8973;
C.S.1929, § 20-1411;
R.S.1943, § 25-1411.
Annotations
Where a cause of action or several causes of action may properly lie against a personal representative of a deceased defendant as well as against the heir of the deceased an order of revivor against only one of the parties, if proper, for some of the relief sought is not defective, and the cause of action may proceed against that party. Willis v. Rose, 223 Neb. 49, 388 N.W.2d 101 (1986).
Action to enforce trust was properly revived. Workman v. Workman, 167 Neb. 857, 95 N.W.2d 186 (1959).
To be a lien upon land descending to heirs of deceased judgment debtor, judgment must be revived against heirs, not against administrator. Dougherty v. White, 112 Neb. 675, 200 N.W. 884 (1924).
Dormant federal court judgment can be revived only in court where rendered. Holmes v. Webster, 98 Neb. 105, 152 N.W. 312 (1915).
In real estate mortgage foreclosure action, where party dies while proceedings are pending in Supreme Court, revivor should be had against heirs. Urlau v. Ruhe, 63 Neb. 883, 89 N.W. 427 (1902).
On motion to revive, merits of action cannot be heard; revivor is matter of right. Gillette v. Morrison, 7 Neb. 263 (1878).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1412 - Death of defendant in actions to recover real property; against whom action revived.

25-1412.
Death of defendant in actions to recover real property; against whom action revived.
Upon the death of a defendant in an action for the recovery of real property only, or which concerns only his rights or claims to such property, the action may be revived against his heirs or devisees, or both, and an order therefor may be forthwith made in the manner directed in the preceding sections of this chapter.
Source
R.S.1867, Code § 465, p. 471;
R.S.1913, § 8033;
C.S.1922, § 8974;
C.S.1929, § 20-1412;
R.S.1943, § 25-1412.
Annotations
If a decree of foreclosure is obtained during the lifetime of the mortgagor, sale and confirmation after his death without revivor is voidable only and not subject to collateral attack. Wendt v. Jones, 145 Neb. 667, 17 N.W.2d 887 (1945).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1413 - Revivor as to defendant; time; limitation.

25-1413.
Revivor as to defendant; time; limitation.
An order to revive an action against the representatives or successor of a defendant shall not be made without the consent of such representatives or successor, unless in one year from the time it could have been first made.
Source
R.S.1867, Code § 466, p. 471;
R.S.1913, § 8034;
C.S.1922, § 8975;
C.S.1929, § 20-1413;
R.S.1943, § 25-1413.
Annotations
Requirement of revivor within one year is not exclusive and has no application to dormant judgment. Rich v. Cooper, 136 Neb. 463, 286 N.W. 383 (1939).
Statutes regulating revival of action are permissive in quality and do not operate to suspend or interrupt time in which an appeal can be taken. Independent Lubricating Co. v. Good, 135 Neb. 171, 280 N.W. 460 (1938).
Successor of deceased judgment creditor may revive by original bill. Keith v. Bruder, 77 Neb. 215, 109 N.W. 172 (1906).
This section does not provide exclusive method. Plaintiff may revive by supplemental petition after one year, in discretion of court. Hayden v. Huff, 62 Neb. 375, 87 N.W. 184 (1901).
Limitation of one year is not applicable to revival of dormant judgments. School Dist. No. 34, Adams County v. Kountze Bros., 3 Neb. Unof. 690, 92 N.W. 597 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1414 - Revivor as to plaintiff; time; limitation; revivor as to both parties.

25-1414.
Revivor as to plaintiff; time; limitation; revivor as to both parties.
An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith, but shall not be made without the consent of the defendant, after the expiration of one year from the time the order might have been first made; but where the defendant shall also have died, or his powers have ceased in the meantime, the order of revivor on both sides may be made in the period limited in section 25-1413.
Source
R.S.1867, Code § 467, p. 471;
R.S.1913, § 8035;
C.S.1922, § 8976;
C.S.1929, § 20-1414;
R.S.1943, § 25-1414.
Annotations
Where the defendant did not object to the conditional order of revivor and allowed it to become final, defendant's subsequent efforts to challenge the revivor action are of no avail. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).
In case of the death of a party after final judgment and before an appeal is taken, revivor statutes do not suspend the running of time in which an appeal can be taken. Independent Lubricating Co. v. Good, 135 Neb. 171, 280 N.W. 460 (1938).
Where the sole defendant dies after filing notice of appeal and supersedeas bond, his attorney does not confer jurisdiction on Supreme Court by filing transcript after defendant's death, and court cannot substitute administrator of his estate. Independent Lubricating Co. v. Good, 133 Neb. 431, 275 N.W. 668 (1937).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1415 - Abatement of actions by death or cessation of powers of representative; duty of court.

25-1415.
Abatement of actions by death or cessation of powers of representative; duty of court.
When it appears to the court by affidavit that either party to an action has been dead, or where a party sues or is sued as a personal representative, that his or her powers have ceased for a period so long that the action cannot be revived in the names of his or her representatives or successor, without the consent of both parties, it shall order the action to be stricken from the trial docket.
Source
R.S.1867, Code § 468, p. 471;
R.S.1913, § 8036;
C.S.1922, § 8977;
C.S.1929, § 20-1415;
R.S.1943, § 25-1415;
Laws 2018, LB193, § 22.
Annotations
When no effort has been made to revive, and cause is stricken from docket, the action is terminated. Humfeldt v. Moles, 63 Neb. 448, 88 N.W. 655 (1902).
Striking cause from docket is a suspension but not a dismissal of action. Hayden v. Huff, 62 Neb. 375, 87 N.W. 184 (1901).
Where the record did not show that the plaintiff died more than 1 year prior to the trial court's order dismissing the cause for lack of prosecution, that order could not be construed as an order striking the action from the docket. Linch v. Northport Irr. Dist., 14 Neb. App. 842, 717 N.W.2d 522 (2006).
Where cause of action cannot be revived, it must be stricken from the docket. Fitzgerald v. Clarke, 9 Neb. App. 898, 621 N.W.2d 844 (2001).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1416 - Death of plaintiff; right of defendant to compel revivor.

25-1416.
Death of plaintiff; right of defendant to compel revivor.
At any term of the court succeeding the death of the plaintiff, while the action remains on the trial docket, the defendant, having given to the plaintiff's proper representatives in whose names the action might be revived ten days' notice of the application therefor, may have an order to strike the action from the trial docket and for costs against the estate of the plaintiff, unless the action is forthwith revived.
Source
R.S.1867, Code § 469, p. 471;
R.S.1913, § 8037;
C.S.1922, § 8978;
C.S.1929, § 20-1416;
R.S.1943, § 25-1416;
Laws 2018, LB193, § 23.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1417 - Revived action; when tried.

25-1417.
Revived action; when tried.
When, by the provisions of sections 25-1405 to 25-1416, an action stands revived, the trial thereof shall not be postponed by reason of the revivor, if the action would have stood for trial at the term the revivor is complete, had no death or cessation of powers taken place.
Source
R.S.1867, Code § 470, p. 471;
R.S.1913, § 8038;
C.S.1922, § 8979;
C.S.1929, § 20-1417;
R.S.1943, § 25-1417.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1418 - Joint debtors not originally summoned made judgment debtors.

25-1418.
Joint debtors not originally summoned made judgment debtors.
When a judgment is recovered against one or more persons jointly indebted upon contract, those who were not originally summoned may be made parties to the judgment by action.
Source
R.S.1867, Code § 471, p. 472;
R.S.1913, § 8039;
C.S.1922, § 8980;
C.S.1929, § 20-1418;
R.S.1943, § 25-1418.
Annotations
Where revivor of dormant judgment was had, want of jurisdiction in obtaining original judgment on joint promissory note could not be raised by injunction. Haynes v. Aultman, Miller & Co., 36 Neb. 257, 54 N.W. 511 (1893).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1419 - Death of parties after judgment; revivor in name of representatives of deceased.

25-1419.
Death of parties after judgment; revivor in name of representatives of deceased.
If either or both the parties die after judgment, and before satisfaction thereof, their representatives, real or personal, or both, as the case may require, may be made parties to the same, in the same manner as is prescribed for reviving actions before judgment; and such judgment may be rendered and execution awarded as might or ought to be given or awarded against the representatives real or personal, or both, of such deceased party.
Source
R.S.1867, Code § 472, p. 472;
R.S.1913, § 8040;
C.S.1922, § 8981;
C.S.1929, § 20-1419;
R.S.1943, § 25-1419.
Annotations
To be a lien upon land descending to heirs of deceased judgment debtor, judgment must be revived against heirs, not against administrator. Dougherty v. White, 112 Neb. 675, 200 N.W. 884 (1924).
Proceedings should not be in name of administrator unless he has succeeded to right of deceased. Vogt v. Binder, 76 Neb. 361, 107 N.W. 383 (1906).
Execution is void unless judgment is revived after plaintiff's death. Vogt v. Daily, 70 Neb. 812, 98 N.W. 31 (1904).
Fact that one or more parties cannot be found will not abate action as against those found and properly served. Clark v. Commercial Nat. Bank of Columbus, 68 Neb. 764, 94 N.W. 958 (1903).
The word "manner" does not include the element of time. Bankers' Life Ins. Co. v. Robbins, 59 Neb. 170, 80 N.W. 484 (1899).
Administrator may prosecute error proceedings without order of revivor. Webster v. City of Hastings, 56 Neb. 245, 76 N.W. 565 (1898).
If judgment is joint, liability must be revived in that form. Fox v. Abbott, 12 Neb. 328, 11 N.W. 303 (1882).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1501 - Executions; by whom issued; how directed.

25-1501.
Executions; by whom issued; how directed.
Executions shall be deemed process of the court, and shall be issued by the clerk and directed to the sheriff of the county. They may be directed to different counties at the same time.
Source
R.S.1867, Code § 474, p. 472;
R.S.1913, § 8042;
C.S.1922, § 8983;
C.S.1929, § 20-1501;
R.S.1943, § 25-1501.
Cross References
Execution against partnership or unincorporated associations, see section 25-316.
Annotations
Divorce decree which provides for child's support is subject to the power of the district court over all its decrees and processes. Wassung v. Wassung, 136 Neb. 440, 286 N.W. 340 (1939).
No second order of sale shall issue against property sold under previous order, where first sale is confirmed. Storey v. Miles, 86 Neb. 827, 126 N.W. 517 (1910).
Execution issued without seal is void. Taylor v. Courtnay, 15 Neb. 190, 16 N.W. 842 (1883).
Execution cannot issue after supersedeas bond is filed. State Bank of Nebraska v. Green, 8 Neb. 297, 1 N.W. 210 (1879).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1501.01 - District court judgment; execution issued to any county in state; procedure; lien on real estate; procedure.

25-1501.01.
District court judgment; execution issued to any county in state; procedure; lien on real estate; procedure.
Any person having a judgment rendered by a district court may request the clerk of such court to issue execution on the judgment in the same manner as execution is issued upon other judgments rendered in the district court and direct the execution on the judgment to any county in the state. Such person may request that garnishment, attachment, or any other aid to execution for personal property or wages be directed to any county without the necessity of filing a transcript of the judgment in the receiving county, and any hearing or proceeding with regard to such execution or aid in execution shall be heard in the court in which the judgment was originally rendered. Such execution shall not serve as a lien on real estate in a county other than the county where the judgment was rendered unless a transcript of the judgment is filed with the clerk of the district court in the county in which the real estate is located.
Source
Laws 2011, LB15, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1502 - Kinds of executions.

25-1502.
Kinds of executions.
Executions are of two kinds: (1) Against the property of the judgment debtor, and (2) for delivery of the possession of real property with damages for withholding the same and costs.
Source
R.S.1867, Code § 475, p. 472;
R.S.1913, § 8043;
C.S.1922, § 8984;
C.S.1929, § 20-1502;
R.S.1943, § 25-1502.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1503 - Property subject to levy and sale.

25-1503.
Property subject to levy and sale.
Lands, tenements, goods and chattels, not exempt by law, shall be subject to the payment of debts, and shall be liable to be taken on execution and sold as hereinafter provided.
Source
R.S.1867, Code § 476, p. 472;
R.S.1913, § 8044;
C.S.1922, § 8985;
C.S.1929, § 20-1503;
R.S.1943, § 25-1503.
Annotations
Automobile of nonresident defendant could be seized to pay modified judgment for alimony. Miller v. Miller, 153 Neb. 890, 46 N.W.2d 618 (1951).
Attachment affects actual interest of defendant only. Westervelt v. Hagge, 61 Neb. 647, 85 N.W. 852 (1901).
Chattels levied on and replevied cannot be levied on again for claim against said debtor. Beagle v. Smith, 50 Neb. 446, 69 N.W. 956 (1897).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1505 - Stay of execution; maximum period.

25-1505.
Stay of execution; maximum period.
No stay of execution or order of sale upon any judgment or decree shall be granted for a longer time than nine months after the entry of such judgment or decree.
Source
Laws 1875, § 1, p. 49;
R.S.1913, § 8046;
C.S.1922, § 8987;
C.S.1929, § 20-1505;
R.S.1943, § 25-1505;
Laws 1999, LB 43, § 5.
Annotations
Legislature had in mind the matter of stays of execution on judgments and decrees where the ultimate purpose was the recovery of money only, and not payments for child support in divorce decree. Wassung v. Wassung, 136 Neb. 440, 286 N.W. 340 (1939).
Where defendants avail themselves of the statutory stay of execution, they are estopped from attacking such judgment in any way. Bowman v. Caldwell, 135 Neb. 554, 283 N.W. 194 (1939).
Divorced wife may continue to claim homestead interest. Federal Credit Co. v. Reynolds, 132 Neb. 495, 272 N.W. 397 (1937).
Taking stay is an appearance, and waives all prior defects or error. Party is estopped to attack judgment. Franse v. Armbuster, 28 Neb. 467, 44 N.W. 481 (1890); Miller v. Hyers, 11 Neb. 474, 9 N.W. 645 (1881).
Mortgage debtor has right to nine months stay. Rafert v. Federal Farm Mortgage Corporation, 152 F.2d 193 (8th Cir. 1945).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1507 - Execution; how stayed.

25-1507.
Execution; how stayed.
On all judgments for the recovery of money only, except those rendered in any court on an appeal or writ of error thereto or against any officer or person or corporation, or the sureties of any of them, for money received in a fiduciary capacity, or for the breach of any official duty, there may be a stay of execution if the defendant therein shall, within twenty days after the entry of judgment, procure two or more sufficient freehold sureties to enter into a bond, acknowledging themselves security for the defendant for the payment of the judgment, interest, and costs, from the time of entering judgment until paid as follows: (1) If the sum for which judgment was rendered, exclusive of costs, does not exceed fifty dollars, three months; (2) if the sum for which judgment was rendered, exclusive of costs, exceeds fifty dollars and does not exceed one hundred dollars, six months; and (3) if the sum for which judgment was rendered, exclusive of costs, exceeds one hundred dollars, nine months.
Source
Laws 1875, § 3, p. 49;
R.S.1913, § 8048;
C.S.1922, § 8989;
C.S.1929, § 20-1507;
R.S.1943, § 25-1507;
Laws 1999, LB 43, § 7.
Annotations
Where a stay bond becomes dormant, it may be revived the same as a judgment. Baker Steel & Machinery Co. v. Ferguson, 137 Neb. 578, 290 N.W. 449 (1940).
Sureties when sued on bond cannot plead lack of legal qualifications. Heater v. Pearce, 59 Neb. 583, 81 N.W. 615 (1900).
Stay bond is a proceeding and may be amended. State ex rel. Cleary v. Russell, 17 Neb. 201, 22 N.W. 455 (1885).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1508 - Stay bonds; approval; justification of sureties.

25-1508.
Stay bonds; approval; justification of sureties.
Officers approving stay bonds shall require the affidavits of the signers of such bonds that they own real estate not exempt from execution, and aside from encumbrance, to the value of twice the amount of the judgment.
Source
Laws 1875, § 4, p. 50;
R.S.1913, § 8049;
C.S.1922, § 8990;
C.S.1929, § 20-1508;
R.S.1943, § 25-1508.
Annotations
In action on constable's bond, it is sufficient to assign the breach in the language of the statute. Adams v. Weisberger, 62 Neb. 325, 87 N.W. 16 (1901).
Officer who approves stay bond without requiring affidavits of signers, is liable for damage. Heater v. Pearce, 59 Neb. 583, 81 N.W. 615 (1900).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1509 - Stay of execution; surety on stay bond excepted; no appeal after stay.

25-1509.
Stay of execution; surety on stay bond excepted; no appeal after stay.
No proceedings in errors or appeal shall be allowed after such stay has been taken, nor shall a stay be taken on a judgment entered as herein contemplated, against one who is surety in the stay of execution.
Source
Laws 1875, § 5, p. 50;
R.S.1913, § 8050;
C.S.1922, § 8991;
C.S.1929, § 20-1509;
R.S.1943, § 25-1509.
Annotations
Taking of stay is a general appearance and a waiver of all prior errors in the proceedings. Ohio Nat. Life Ins. Co. v. Baxter, 139 Neb. 648, 298 N.W. 530 (1941).
Party taking stay of order of sale in foreclosure proceedings cannot appeal hereunder. Carley v. Morgan, 123 Neb. 498, 243 N.W. 631 (1932).
Request for stay inadvertently filed before decree entered of record in foreclosure action will not defeat appeal. Theisen v. Peterson, 114 Neb. 150, 211 N.W. 19 (1925).
Taking stay of sale under decree of foreclosure is waiver of prior error. Ecklund v. Willis, 42 Neb. 737, 60 N.W. 1026 (1894).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1510 - Stay of execution; sureties; approval; bond tantamount to judgment confessed.

25-1510.
Stay of execution; sureties; approval; bond tantamount to judgment confessed.
The sureties for the stay of execution may be taken and approved by the clerk, the bond shall be recorded on the register of actions and have the force and effect of a judgment confessed from the date thereof against the property of the sureties, and the clerk shall enter such sureties on the judgment index, as in the case of other judgments.
Source
Laws 1875, § 6, p. 50;
R.S.1913, § 8051;
C.S.1922, § 8992;
C.S.1929, § 20-1510;
R.S.1943, § 25-1510;
Laws 2018, LB193, § 25.
Annotations
Stay bond, when recorded, is a judgment within purview of statute providing for revivor of dormant judgments. Baker Steel & Machinery Co. v. Ferguson, 137 Neb. 578, 290 N.W. 449 (1940).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1511 - Stay of execution; recall of writ; duties of clerk and sheriff.

25-1511.
Stay of execution; recall of writ; duties of clerk and sheriff.
When the surety is entered after execution issued, the clerk shall immediately notify the sheriff of the stay, and he shall forthwith return the execution, with his doings thereon.
Source
Laws 1875, § 7, p. 50;
R.S.1913, § 8052;
C.S.1922, § 8993;
C.S.1929, § 20-1511;
R.S.1943, § 25-1511.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1512 - Stay of execution; property and undertakings relinquished.

25-1512.
Stay of execution; property and undertakings relinquished.
All property levied on before stay of execution, and all written undertakings for the delivery of personal property to the sheriff, shall be relinquished by the officer upon stay of execution being entered.
Source
Laws 1875, § 8, p. 50;
R.S.1913, § 8053;
C.S.1922, § 8994;
C.S.1929, § 20-1512;
R.S.1943, § 25-1512.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1513 - Stay of execution; expiration; writ to issue; duty of clerk.

25-1513.
Stay of execution; expiration; writ to issue; duty of clerk.
At the expiration of the stay the clerk shall issue a joint execution against the property of all the judgment debtors and sureties, describing them as debtors or sureties therein.
Source
Laws 1875, § 9, p. 51;
R.S.1913, § 8054;
C.S.1922, § 8995;
C.S.1929, § 20-1513;
R.S.1943, § 25-1513.
Annotations
Mandamus will lie to compel issuance of execution against both principal and sureties. State ex rel. Thorn v. Fleming, 21 Neb. 321, 32 N.W. 73 (1887).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1514 - Stay of execution; judgment liens not released.

25-1514.
Stay of execution; judgment liens not released.
Where a stay of execution has been taken, such confessed judgment shall not release any judgment lien by virtue of the original judgment for the amount then due. The officer holding the execution shall return thereon what amount was made from the principal debtor, and how much from the sureties.
Source
Laws 1875, § 10, p. 51;
R.S.1913, § 8055;
C.S.1922, § 8996;
C.S.1929, § 20-1514;
R.S.1943, § 25-1514.
Annotations
Remedy in aid of execution does not exclude relief in equity. Parsons v. Cathers, 92 Neb. 525, 138 N.W. 747 (1912).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1517 - Several writs of execution; preference.

25-1517.
Several writs of execution; preference.
When two or more writs of execution against the same debtor are delivered to the officer on the same day, no preference shall be given to either of such writs; but if a sufficient sum of money is not made to satisfy all executions, the amount made shall be distributed to the several creditors in proportion to the amount of their respective demands. In all other cases the writ of execution first delivered to the officer shall be first satisfied; and it shall be the duty of the officer to endorse on every writ of execution the time when he or she received the writ. This section shall not be construed as to affect any preferable lien which one or more of the judgments on which execution issued may have on the lands of the judgment debtor.
Source
R.S.1867, Code § 484, p. 474;
R.S.1913, § 8058;
C.S.1922, § 8999;
C.S.1929, § 20-1517;
R.S.1943, § 25-1517;
Laws 2000, LB 921, § 12.
Annotations
Judgments transcripted from justice court do not prorate with judgments rendered during term. Moores v. Peycke, 44 Neb. 405, 62 N.W. 1072 (1895).
Hour of receipt is not required on execution from justice or county court. Johnson v. Walker, 23 Neb. 736, 37 N.W. 639 (1888).
Executions delivered to officer on same day prorate and apply to proceedings before justice of peace. State ex rel. Philpott v. Hunger, 17 Neb. 216, 22 N.W. 457 (1885).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1518 - Levy of execution.

25-1518.
Levy of execution.
The officer to whom a writ of execution is delivered shall proceed immediately to levy the same upon the goods and chattels of the debtor; but if no goods and chattels can be found, the officer shall endorse on the writ of execution no goods, and forthwith levy the writ of execution upon the lands and tenements of the debtor, which may be liable to satisfy the judgment.
Source
R.S.1867, Code § 485, p. 474;
R.S.1913, § 8059;
C.S.1922, § 9000;
C.S.1929, § 20-1518;
R.S.1943, § 25-1518.
Cross References
Execution against partnership or unincorporated associations, see section 25-316.
Annotations
Unless a judgment creditor shows that a judgment debtor has fraudulently transferred real property to avoid creditors, the relevant question for the remedy of execution is whether the debtor has any interest in the property. Fox v. Whitbeck, 286 Neb. 134, 835 N.W.2d 638 (2013).
Absent exigent circumstances, the rule which applies before an officer may enter a home to seize property or arrest a person also applies to entering to secure property in satisfaction of a judgment. Such execution warrant should be obtained in a manner similar to that provided in sections 29-830 to 29-835 relating to inspection warrants. State v. Hinchey, 220 Neb. 825, 374 N.W.2d 14 (1985).
Where execution is levied on real estate fraudulently transferred, execution creditor may proceed in equity to set aside sale; return not necessary. Howard v. Raymers, 64 Neb. 213, 89 N.W. 1004 (1902).
Levy is effective though officer trespasses. Battle Creek Valley Bank v. First Nat. Bank of Madison, 62 Neb. 825, 88 N.W. 145 (1901).
Growing crops are personal property. Sims v. Jones, 54 Neb. 769, 75 N.W. 150 (1898).
Where personalty is sold before realty, latter may be levied on before advertisement and sale of former. Runge v. Brown, 29 Neb. 116, 45 N.W. 271 (1890).
Levy upon growing crops does not require any act on the part of the officer which, but for the protection of the writ, would make him a trespasser. Johnson v. Walker, 23 Neb. 736, 37 N.W. 639 (1888).
Return of execution after levy without sale does not prevent plaintiff from issuing another execution on same property. Reynolds v. Cobb, 15 Neb. 378, 19 N.W. 502 (1884).
A manual interference with chattels is not essential to a valid levy thereon. State v. Griess, 11 Neb. App. 389, 651 N.W.2d 859 (2002).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1521 - Intervening claimants; proceedings to ascertain title.

25-1521.
Intervening claimants; proceedings to ascertain title.
If the officer, by virtue of any writ of execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, such officer shall give notice in writing to the court, in which shall be set forth the names of the plaintiff and defendant, together with the name of the claimant. At the same time such officer shall furnish the court with a schedule of the property claimed. Immediately upon the filing of such notice and schedule, the court shall determine the right of the claimant to the property in controversy.
Source
R.S.1867, Code § 486, p. 474;
R.S.1913, § 8062;
C.S.1922, § 9003;
C.S.1929, § 20-1521;
R.S.1943, § 25-1521;
Laws 1972, LB 1032, § 131;
Laws 1973, LB 226, § 13;
Laws 2018, LB193, § 26.
Annotations
Sheriff does not receive additional compensation for services under this section. Muinch v. Hull, 181 Neb. 571, 149 N.W.2d 527 (1967).
Failure of sheriff to comply with this section, when property is claimed by third person, does not fix liability on sheriff. Miller v. Crosson, 131 Neb. 88, 267 N.W. 145 (1936).
Sheriff may bring suit hereunder to try claim to personal property attached by him. Leadabrand v. State, 121 Neb. 836, 238 N.W. 656 (1931).
An intervening claimant does not have a statutory right to a jury trial pursuant to the provisions of this section through section 25-1523. Eli's, Inc. v. Commercial Lithographing, Inc., 8 Neb. App. 752, 601 N.W.2d 795 (1999).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1522 - Intervening claimants; proceedings to ascertain title; procedure; judgment; effect.

25-1522.
Intervening claimants; proceedings to ascertain title; procedure; judgment; effect.
If the court shall find the right to said goods and chattels, or any part thereof, to be in the claimant, the court shall also find the value thereof, and shall render judgment for the claimant, that he recover his costs against the plaintiff in execution, or other party to the same for whose benefit the execution issued, and also that he have restitution of said goods and chattels, or any part thereof. But if the right of the goods and chattels, and every part thereof, shall not be in the claimant, then the court shall render judgment on such finding, in favor of the plaintiff in execution, or other party for whose benefit the same was issued and levied, against the claimant for costs, and award execution thereon. Such judgment for the claimant, unless an undertaking shall be executed as provided in section 25-1523, shall be a justification of the officer in returning no goods to the writ of execution by virtue of which the levy has been made, as to such part of the goods and chattels as were found to belong to such claimant.
Source
R.S.1867, Code § 487, p. 475;
R.S.1913, § 8063;
C.S.1922, § 9004;
C.S.1929, § 20-1522;
R.S.1943, § 25-1522;
Laws 1972, LB 1032, § 132;
Laws 1973, LB 226, § 14.
Annotations
Order by justice for restitution of the property is not judicial order but is only to apprise officer of result of inquisition. Fidler v. Adair, 109 Neb. 404, 191 N.W. 683 (1922).
Procedure after verdict stated. Bray v. Saaman, 13 Neb. 518, 14 N.W. 474 (1882); Storms v. Eaton, 5 Neb. 453 (1877).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1523 - Intervening claimants; proceedings before jury to ascertain title; levy notwithstanding verdict; bond.

25-1523.
Intervening claimants; proceedings before jury to ascertain title; levy notwithstanding verdict; bond.
If the jury shall find the property, or any part thereof, to be in the claimant, and the plaintiff in execution shall, at any time within three days after said trial, tender to the sheriff or other officer having such property in his custody on execution, an undertaking, with good and sufficient sureties, payable to such claimant, in double the amount of the value of such property as assessed by the jury, to the effect that they will pay all damages sustained by reason of the detention or sale of such property, then the sheriff or other officer shall deliver said undertaking to claimant, and proceed to sell such property as if no such trial of the right of property had taken place, and shall not be liable to the claimant therefor.
Source
R.S.1867, Code § 488, p. 475;
R.S.1913, § 8064;
C.S.1922, § 9005;
C.S.1929, § 20-1523;
R.S.1943, § 25-1523.
Annotations
Proceedings are not final adjudication of claimant's rights. Fidler v. Adair, 109 Neb. 404, 191 N.W. 683 (1922).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1524 - Goods unsold; delivery bond.

25-1524.
Goods unsold; delivery bond.
In all cases where a sheriff, coroner, or other officer, shall by virtue of an execution, levy upon any goods and chattels which shall remain upon his hands unsold, for want of bidders, for the want of time to advertise and sell, or any other reasonable cause, the officer may, for his own security, take of the defendant an undertaking, with security in such sum as he may deem sufficient, to the effect that the said property shall be delivered to the officer holding an execution for the sale of the same, at the time and place appointed by said officer, either by notice given in writing to said defendant in execution, or by advertisement, published in a newspaper printed in the county, naming therein the day and place of sale. If the defendant shall fail to deliver the goods and chattels at the time and place mentioned in the notice to him given, or to pay to the officer holding the execution, the full value of said goods and chattels, or the amount of said debts and costs, the undertaking, given as aforesaid, shall be considered as broken, and may be proceeded on as in other cases.
Source
R.S.1867, Code § 489, p. 476;
R.S.1913, § 8065;
C.S.1922, § 9006;
C.S.1929, § 20-1524;
R.S.1943, § 25-1524.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1525 - Goods unsold; additional writ; notice of sale.

25-1525.
Goods unsold; additional writ; notice of sale.
The officer who levies upon goods and chattels by virtue of an execution issued by a court of record, before he proceeds to sell the same, shall cause public notice to be given of the time and place of sale. The notice shall be given by publication once in each week for four successive weeks in some newspaper printed in the county, or in case no newspaper be printed therein, by posting notice in five public places in the county, two in the precinct where the sale is to be held. Where goods and chattels levied upon cannot be sold for want of bidders, the officer making such return shall annex to the execution a true and perfect inventory of such goods and chattels, and the plaintiff in such execution may thereupon sue out another writ of execution, directing the sale of the property levied upon as aforesaid; but such goods and chattels shall not be sold unless public notice of the time and place of sale has been given as hereinbefore provided.
Source
R.S.1867, Code § 490, p. 476;
R.S.1913, § 8066;
C.S.1922, § 9007;
C.S.1929, § 20-1525;
R.S.1943, § 25-1525;
Laws 1971, LB 47, § 3.
Annotations
This section adopts the writ of venditioni exponas under which an officer is commanded to sell property already levied upon. Burkett v. Clark, 46 Neb. 466, 64 N.W. 1113 (1895).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1526 - Additional writ; goods unsold insufficient; further levy and sale.

25-1526.
Additional writ; goods unsold insufficient; further levy and sale.
When any writ shall issue, directing the sale of property previously taken in execution, the officer issuing said writ shall, at the request of the person entitled to the benefit thereof, his agent or attorney, add thereto a command to the officer to whom such writ shall be directed, that if the property remaining in his hands not sold shall, in his opinion, be insufficient to satisfy the judgment, he shall levy the same upon the lands and tenements, goods and chattels, or either, as the law shall permit, being the property of the judgment debtor, sufficient to satisfy the debt.
Source
R.S.1867, Code § 491, p. 476;
R.S.1913, § 8067;
C.S.1922, § 9008;
C.S.1929, § 20-1526;
R.S.1943, § 25-1526.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1527 - Sale of land; prior sale set aside; readvertisement.

25-1527.
Sale of land; prior sale set aside; readvertisement.
The officer holding such writ shall immediately advertise and sell said real estate, lands and tenements agreeable to the provisions of this chapter, and shall readvertise and sell the same in case a prior sale has been set aside by the district court or a judge thereof. In case the real estate offered for sale shall not be sold for want of bidders, the sheriff shall, at the request of the plaintiff, readvertise and again offer said property for sale under the said writ.
Source
Laws 1875, § 4, p. 61;
R.S.1913, § 8071;
Laws 1915, c. 149, § 1, p. 319;
C.S.1922, § 9009;
C.S.1929, § 20-1527;
R.S.1943, § 25-1527.
Annotations
Amendatory act of 1915 was not unconstitutional; appraisal is no longer prerequisite to sale of land under execution of foreclosure decree. Conservative Savings & Loan Assn. of Omaha v. Anderson, 116 Neb. 627, 218 N.W. 423 (1928); Norris v. Tower, 102 Neb. 434, 167 N.W. 728 (1918).
Until bid is accepted it is a mere proposal and may be withdrawn by bidder. Strode v. Hoagland, 76 Neb. 542, 107 N.W. 754 (1906).
Notice of sale, published every issue of weekly newspaper for thirty days before sale, is sufficient. Cuyler v. Tate, 67 Neb. 317, 93 N.W. 675 (1903).
There is no statutory authority for adjournment of sale. Fraaman v. Fraaman, 64 Neb. 472, 90 N.W. 245 (1902).
Sale must be made in accordance with terms of decree, and terms cannot be changed by agreement of parties. Nebraska Loan & Trust Co. v. Hamer, 40 Neb. 281, 58 N.W. 695 (1894).
Rule requiring bidder to put up fifty dollars as guarantee of good faith before acceptance of bid was not unreasonable. Michigan Mut. L. Ins. Co. v. Klatt, 5 Neb. Unof. 305, 98 N.W. 436 (1904).
Tract of two hundred acres, mortgaged as a whole, may be sold in one tract. Pierce v. Reed, 3 Neb. Unof. 874, 93 N.W. 154 (1903).
If plaintiff is purchaser, cash payment is not essential. Campbell v. Gawlewicz, 3 Neb. Unof. 321, 91 N.W. 569 (1902).
Sheriff may be justified in refusing to sell on account of complicated condition of title. Porter v. Trompen, 2 Neb. Unof. 76, 96 N.W. 226 (1901).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1528 - Successive executions or orders of sale; when authorized.

25-1528.
Successive executions or orders of sale; when authorized.
Successive executions or orders of sale may issue at any time after the return of the officer not sold for want of bidders at the request of the plaintiff or his attorney.
Source
R.S.1867, Code § 495, p. 477;
R.S.1913, § 8073;
Laws 1915, c. 149, § 2, p. 319;
C.S.1922, § 9010;
C.S.1929, § 20-1528;
R.S.1943, § 25-1528.
Annotations
Amendatory act of 1915 was not unconstitutional; appraisement is no longer prerequisite to sale of land under execution of foreclosure decree. Conservative Savings & Loan Assn. of Omaha v. Anderson, 116 Neb. 627, 218 N.W. 423 (1928).