reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2201 - Process; style.

25-2201.
Process; style.
The style of all processes shall be "The State of Nebraska, .............. county." It shall be under the seal of the court from whence the same shall issue, shall be signed by the clerk, and dated the day it issued.
Source
R.S.1867, Code § 880, p. 547;
R.S.1913, § 8549;
C.S.1922, § 9500;
C.S.1929, § 20-2201;
R.S.1943, § 25-2201.
Cross References
Constitutional requirements, see Article V, section 24, Constitution of Nebraska.
Annotations
Summons with venue laid in county where action was brought, but directed to sheriff of another county for service upon defendant there, was proper. Alden Merc. Co. v. Randall, 102 Neb. 738, 169 N.W. 433 (1918).
Presumption exists that original summons was issued under seal. Herold v. Coates, 88 Neb. 487, 129 N.W. 998 (1911).
Legislature intended to establish a uniform rule with respect to legal procedure. Motion for new trial may be filed on Memorial Day. Tully v. Grand Island Tel. Co., 87 Neb. 822, 128 N.W. 508 (1910).
Writ of mandamus must be issued by clerk under seal of court. State ex rel. Hansen v. Carrico, 86 Neb. 448, 125 N.W. 1110 (1910).
Process headed, "The State of Nebraska, County of Gage, to the sheriff of said county," was proper. Hoyt v. Little, 55 Neb. 71, 75 N.W. 56 (1898).
Process for violation of city ordinance should run in the name of "The People of the State of Nebraska" and not in name of city. City of Brownville v. Cook, 4 Neb. 101 (1875).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2202 - Service when sheriff is a party or is interested.

25-2202.
Service when sheriff is a party or is interested.
An order for a provisional remedy or any other process, in an action wherein the sheriff is a party, or is interested, shall be directed to the coroner. If both these officers are interested, the process shall be directed to and executed by a person appointed by the court or judge.
Source
R.S.1867, Code § 881, p. 547;
R.S.1913, § 8550;
C.S.1922, § 9501;
C.S.1929, § 20-2202;
R.S.1943, § 25-2202.
Annotations
Where sheriff is party, private person may be deputized to serve process. Mysenburg v. Leisure, 63 Neb. 239, 88 N.W. 478 (1901).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2203 - Process; special process server; return; appointed on motion; fees.

25-2203.
Process; special process server; return; appointed on motion; fees.
The court or judge, for good cause, may appoint a person, corporation, partnership, or limited liability company to serve a particular process or order which person or entity shall have the same power to execute it which the sheriff has. The person or entity may be appointed on the motion of the party obtaining the process or order, and the return must be verified by affidavit. Such appointment may be made in the form of a general order of the court for the purpose of service of process or orders which may be sought by the movant. The person or entity shall be entitled to the fees allowed to the sheriff for similar services.
Source
R.S.1867, Code § 882, p. 547;
R.S.1913, § 8551;
C.S.1922, § 9502;
C.S.1929, § 20-2203;
R.S.1943, § 25-2203;
Laws 1994, LB 1224, § 38.
Annotations
Justice of the peace may deputize a private person to serve a summons. Mysenburg v. Leisure, 63 Neb. 239, 88 N.W. 478 (1901).
Constable cannot deputize person to serve process; county judge or justice may. Gilbert v. Brown, 9 Neb. 90, 2 N.W. 376 (1879).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2204 - Clerks of courts; writs and orders; issuance; praecipes.

25-2204.
Clerks of courts; writs and orders; issuance; praecipes.
All writs and orders for provisional remedies and process of every kind, shall be issued by the clerks of the several courts. Before they shall be issued a praecipe shall be filed with the clerk, demanding the same; which praecipe shall be for the direction of the clerk, and not material to the papers in the case after the issuing of such writ or process.
Source
R.S.1867, Code § 883, p. 547;
R.S.1913, § 8552;
C.S.1922, § 9503;
C.S.1929, § 20-2204;
R.S.1943, § 25-2204.
Annotations
In compensation case, where claimant filed notice of appeal with compensation commissioner and filed petition on appeal in district court, right of review attached, it became duty of clerk to issue summons without praecipe being filed. McIntosh v. Standard Oil Co., 121 Neb. 92, 236 N.W. 152 (1931).
Writ of mandamus issued by judge is void. State ex rel. Hansen v. Carrico, 86 Neb. 448, 125 N.W. 1110 (1910).
Clerk of district court may issue writ of commitment after sentence without special directions by court or judge. Rhodes v. Meyer, 225 F.Supp. 80 (D. Neb. 1963).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2205 - Case file and record; preservation.

25-2205.
Case file and record; preservation.
The clerk of each of the courts shall maintain and preserve a case file and a record of all documents delivered to him or her for that purpose in every action or special proceeding. Retention and disposition of the records shall be determined by the State Records Administrator pursuant to the Records Management Act.
Source
R.S.1867, Code § 884, p. 547;
R.S.1913, § 8553;
C.S.1922, § 9504;
C.S.1929, § 20-2205;
R.S.1943, § 25-2205;
Laws 2018, LB193, § 36.
Cross References
Records Management Act, see section 84-1220.
Annotations
Papers are filed in office of clerk of district court only when deposited with the proper officer in his office and received by him in his official capacity. Jolliffe v. City of North Platte, 139 Neb. 431, 297 N.W. 666 (1941).
This section requires the clerk of the trial court to file all documents delivered to him or her for that purpose. State v. Muse, 15 Neb. App. 13, 721 N.W.2d 661 (2006).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2206 - Papers; endorsement.

25-2206.
Papers; endorsement.
The clerk of the court shall endorse upon every paper filed with him, the day of filing it; and upon every order for a provisional remedy, and upon every undertaking given under the same, the day of its return to his office.
Source
R.S.1867, Code § 885, p. 547;
R.S.1913, § 8554;
C.S.1922, § 9505;
C.S.1929, § 20-2206;
R.S.1943, § 25-2206.
Annotations
This section requires the clerk of the trial court to endorse the day of filing upon any document delivered to him or her for that purpose. State v. Muse, 15 Neb. App. 13, 721 N.W.2d 661 (2006).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2207 - Record of service of summons; entry as evidence.

25-2207.
Record of service of summons; entry as evidence.
The clerk of the court shall, upon the return of every summons served, enter upon the record the name of the defendant or defendants summoned and the day of the service upon each one. The entry shall be evidence of the service of the summons in case of the loss thereof.
Source
R.S.1867, Code § 886, p. 548;
R.S.1913, § 8555;
C.S.1922, § 9506;
C.S.1929, § 20-2207;
R.S.1943, § 25-2207;
Laws 2018, LB193, § 37.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2208 - Judicial records; duty to keep.

25-2208.
Judicial records; duty to keep.
The clerk of the court shall keep the records, books and papers appertaining to the court, and record its proceedings.
Source
R.S.1867, Code § 887, p. 548;
R.S.1913, § 8556;
C.S.1922, § 9507;
C.S.1929, § 20-2208;
R.S.1943, § 25-2208.
Annotations
Section is mandatory and clerk must make complete record, though fees and costs not tendered. State v. Several Parcels of Land, 82 Neb. 51, 117 N.W. 450 (1908).
Clerk is liable to county for expense of replacing books lost through his negligence. Toncray v. Dodge County, 33 Neb. 802, 51 N.W. 235 (1892).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2209 - Clerk of district court; required records enumerated.

25-2209.
Clerk of district court; required records enumerated.
(1) The clerk of the district court shall keep records, to be maintained on the court's electronic case management system, called the register of actions, the trial docket, the judge's docket notes, the financial record, the general index, the judgment index, and the case file. Retention and disposition of the records shall be determined by the State Records Administrator pursuant to the Records Management Act.
(2) The case file, numbered in chronological order, shall contain the complaint or petition and subsequent pleadings in the case file. The case file may be maintained as an electronic document through the court's electronic case management system, on microfilm, or in a paper volume and disposed of when determined by the State Records Administrator pursuant to the Records Management Act.
(3) For purposes of this section:
(a) Financial record means the financial accounting of the court, including the recording of all money receipted and disbursed by the court and the receipts and disbursements of all money held as an investment;
(b) General index means the alphabetical listing of the names of the parties to the suit, both direct and inverse, with the case number where all proceedings in such action may be found;
(c) Judge's docket notes means the notations of the judge detailing the actions in a court proceeding and the entering of orders and judgments;
(d) Judgment index means the alphabetical listing of all judgment debtors and judgment creditors;
(e) Register of actions means the official court record and summary of the case; and
(f) Trial docket means a list of pending cases as provided in section 25-2211.
Source
R.S.1867, Code § 321, p. 448;
G.S.1873, c. 57, § 321, p. 579;
R.S.1913, § 8557;
C.S.1922, § 9508;
C.S.1929, § 20-2209;
R.S.1943, § 25-2209;
Laws 1971, LB 128, § 1;
Laws 1992, LB 1059, § 13;
Laws 2011, LB17, § 4;
Laws 2018, LB193, § 38.
Cross References
Records Management Act, see section 84-1220.
Annotations
Appearance docket is required to be kept by clerk of district court. Solomon v. A. W. Farney, Inc., 136 Neb. 338, 286 N.W. 254 (1939).
Failure of court in decree of confirmation to direct clerk to make entry on journal that court is satisfied of legality of such sale is not prejudicial where clerk had, in fact, made such entry. Erwin v. Brunke, 133 Neb. 745, 277 N.W. 48 (1938).
Satisfaction of judgment entered on appearance docket is not such as contemplated by law. Knaak v. Brown, 115 Neb. 260, 212 N.W. 431 (1927).
Court may order that paid judgment be canceled of record. Manker v. Sine, 47 Neb. 736, 66 N.W. 840 (1896).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2211 - Trial docket.

25-2211.
Trial docket.
The trial docket shall be available for the court on the first day of each month setting forth each case pending in the order of filing of the complaint to be called for trial. For the purpose of arranging the trial docket, an issue shall be considered as made up when either party is in default of a pleading. If the defendant fails to answer, the cause for the purpose of this section shall be deemed to be at issue upon questions of fact, but in every such case the plaintiff may move for and take such judgment as he or she is entitled to, on the defendant's default, on or after the day on which the action is set for trial. No witnesses shall be subpoenaed in any case while the cause stands upon issue of law. Whenever the court regards the answer in any case as frivolous and put in for delay only, no leave to answer or reply shall be given unless upon payment of all costs then accrued in the action. When the number of actions filed exceeds three hundred, the judge or judges of the district court for the county may, by rule or order, classify them in such manner as they may deem expedient and cause them to be placed according to such classifications upon different trial dockets and the respective trial dockets may be proceeded with and causes thereon tried, heard, or otherwise disposed of, concurrently by one or more of the judges. Provision may be made by rule of court that issues of fact shall not be for trial at any term when the number of pending actions exceeds three hundred, except upon such previous notice of trial as may be prescribed thereby.
Source
R.S.1867, Code § 323, p. 448;
Laws 1887, c. 94, § 1, p. 647;
Laws 1899, c. 83, § 1, p. 338;
R.S.1913, § 8559;
C.S.1922, § 9510;
C.S.1929, § 20-2211;
R.S.1943, § 25-2211;
Laws 1951, c. 74, § 2(1), p. 230;
Laws 2002, LB 876, § 54;
Laws 2018, LB193, § 39.
Annotations
Demurrer ore tenus is recognized as permissible practice. Dickinson v. Lawson, 125 Neb. 646, 251 N.W. 656 (1933).
Assignment of cases for trial at beginning of term is only provisional, and may be advanced by continuance of preceding cases. Poggensee v. Feddern, 75 Neb. 584, 106 N.W. 654 (1906).
It is not essential to trial that case appear on docket. Shelby v. St. James Orphan Asylum, 66 Neb. 40, 92 N.W. 155 (1902).
County judge must make docket of term cases on first day of term. Bond v. Wycoff, 42 Neb. 214, 60 N.W. 564 (1894).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2213 - Clerks of courts of record other than district courts; duties.

25-2213.
Clerks of courts of record other than district courts; duties.
The provisions of sections 25-2204 to 25-2211 shall, as far as applicable, apply to clerks of other courts of record.
Source
R.S.1867, Code § 888, p. 548;
R.S.1913, § 8562;
C.S.1922, § 9513;
C.S.1929, § 20-2214;
R.S.1943, § 25-2213;
Laws 1992, LB 1059, § 14;
Laws 2018, LB193, § 40.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2214 - Clerks of courts; general powers and duties.

25-2214.
Clerks of courts; general powers and duties.
The clerk of each of the courts shall exercise the powers and perform the duties conferred and imposed upon him by other provisions of this code, by other statutes and by the common law. In the performance of his duties he shall be under the direction of his court. It shall be the duty of the clerk of each of said courts to prepare and file the annual inventory statement with the county board of his county of all county personal property in his custody or possession, as provided in sections 23-346 to 23-350.
Source
R.S.1867, Code § 889, p. 548;
R.S.1913, § 8563;
C.S.1922, § 9514;
C.S.1929, § 20-2215;
Laws 1939, c. 28, § 21, p. 159;
C.S.Supp.,1941, § 20-2215;
R.S.1943, § 25-2214.
Annotations
Although the appellate court's mandate did not state that buyout payments were to be made to the clerk of the district court, the district court had authority to make such an order, because the proper place to pay a judgment is the clerk of the court in which the judgment is obtained. Robertson v. Jacobs Cattle Co., 292 Neb. 195, 874 N.W.2d 1 (2015).
Although the clerk of the district court is authorized to spread upon the court journal the proceedings had and relief granted by the court, and to that extent is responsible for entry of the judgment, such clerk has no authority to perform the judicial function of rendering a judgment. Building Systems, Inc. v. Medical Center, Ltd., 228 Neb. 168, 421 N.W.2d 773 (1988).
Where petition on appeal is filed in district court in compensation case, it is clerk's duty to issue summons, and place same in hands of proper officer for service, without praecipe being filed. McIntosh v. Standard Oil Co., 121 Neb. 92, 236 N.W. 152 (1931).
Supreme Court will not issue mandamus to clerk unless district court has refused. State ex rel. Fitzgerald v. Houseworth, 63 Neb. 658, 88 N.W. 858 (1902).
Money paid to clerk, pursuant to order or judgment of court, is received in official capacity, and sureties are liable for failure to account therefor. Bantley v. Baker, 61 Neb. 92, 84 N.W. 603 (1900).
Clerk of court is the proper custodian of money paid into court. Dirks v. Juel, 59 Neb. 353, 80 N.W. 1045 (1899).
Money paid to clerk in mortgage foreclosure proceeding before judgment was not received in official capacity. Commercial Inv. Co. v. Peck, 53 Neb. 204, 73 N.W. 452 (1897).
Mandamus will not lie in Supreme Court to compel clerk of district court to issue execution on judgment when no application for such order has been made to district court. State ex rel. Ogden v. Frank, 52 Neb. 553, 72 N.W. 857 (1897).
District court has jurisdiction to direct clerk in the performance of his official duties. State ex rel. Solmon v. Moores, 29 Neb. 122, 45 N.W. 278 (1890).
Clerks perform their duties under the direction of the court. State v. Wahrman, 11 Neb. App. 101, 644 N.W.2d 572 (2002).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2214.01 - Clerk of district court; money or property received; powers and duties.

25-2214.01.
Clerk of district court; money or property received; powers and duties.
(1) Whenever any money or other property is received by the clerk of the district court, he or she shall carefully manage it and may, when the money cannot immediately be paid out to its rightful owner, deposit the money in interest-bearing accounts in insured banking or savings institutions. Any interest accrued from such deposit shall be paid over to the county treasurer to be credited to the county general fund, except that when the funds so deposited belonged to a deceased person whose personal representative has not yet been appointed by a court of competent jurisdiction, then the interest accruing on such money shall be paid to the estate of such person after the appointment of a personal representative and upon order of the court.
(2) Any property other than money which is received by the clerk of the district court shall be held by him or her in safekeeping until claimed by the rightful owner or, if there is a dispute as to the ownership of such property, until ordered by a court of competent jurisdiction to give possession of the property to some person.
Source
Laws 1979, LB 179, § 2;
R.S.1943, (1985), § 24-337.03.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2218 - Common law; applicability.

25-2218.
Common law; applicability.
The rule of the common law that statutes in derogation thereof are to be strictly construed has no application to this code.
Source
R.S.1867, Code § 1, p. 394;
R.S.1913, § 8567;
C.S.1922, § 9518;
C.S.1929, § 20-2219;
R.S.1943, § 25-2218.
Annotations
1. Construction
2. Miscellaneous
1. Construction
Liberal construction cannot, for the purpose of embracing other persons than those to whom a statute is expressly made applicable, supply that which the Legislature has omitted. Downing v. Schwenck, 138 Neb. 395, 293 N.W. 278 (1940).
Provisions of code of civil procedure must be liberally construed. Orchard & Wilhelm Co. v. North, 125 Neb. 723, 251 N.W. 895 (1933).
Liberal construction required sustaining of jurisdiction of district court in workmen's compensation case on filing of petition for appeal, and to require clerk to issue summons without praecipe. McIntosh v. Standard Oil Co., 121 Neb. 92, 236 N.W. 152 (1931).
Statute, providing how and who may intervene, should be liberally construed. Webb v. Patterson, 114 Neb. 346, 207 N.W. 522 (1926).
Petition should be liberally construed as against objection that it stated two causes of action instead of one jointly. Pier v. Cauley, 98 Neb. 80, 152 N.W. 298 (1915).
Remedial statute should be liberally construed. Rine v. Rine, 91 Neb. 248, 135 N.W. 1051 (1912).
Statutory procedure for adoption of children should be liberally construed. Ferguson v. Herr, 64 Neb. 659, 94 N.W. 542 (1903), reversing 64 Neb. 649, 90 N.W. 625 (1902).
Where petition is first attacked by objection to introduction of testimony, it will be liberally construed. Fire Assn. of Philadelphia v. Ruby, 60 Neb. 216, 82 N.W. 629 (1900).
Courts are prohibited from applying rule of strict construction to provisions of code of civil procedure. Kearney Electric Co. v. Laughlin, 45 Neb. 390, 63 N.W. 941 (1895).
2. Miscellaneous
This section, along with another section, forms the basis of the right to bring a cross-suit. Rogers v. Western Electric Co., 179 Neb. 359, 138 N.W.2d 423 (1965).
Where party sought to reserve right to introduce further evidence, trial court abused discretion in denying defendant leave to withdraw motion to dismiss and introduce further evidence. Adams v. Seeley, 94 Neb. 243, 142 N.W. 541 (1913).
Cross-petition for relief against the plaintiff is recognized. Armstrong v. Mayer, 69 Neb. 187, 95 N.W. 51 (1903).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2219 - Deputies of ministerial officers; acts; effect.

25-2219.
Deputies of ministerial officers; acts; effect.
Any duty enjoined by this code upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.
Source
R.S.1867, Code § 893, p. 548;
R.S.1913, § 8568;
C.S.1922, § 9519;
C.S.1929, § 20-2220;
R.S.1943, § 25-2219.
Annotations
Performance of duties of an office by a de facto incumbent gives him no claim to the official compensation. McCollough v. County of Douglas, 150 Neb. 389, 34 N.W.2d 654 (1948).
Deputy sheriff may conduct foreclosure sale. Richardson v. Hahn, 63 Neb. 294, 88 N.W. 527 (1901).
Deputy clerk may settle bill of exceptions, though clerk not absent. Brownell & Co. v. Fuller, 54 Neb. 586, 74 N.W. 1105 (1898).
Deputy sheriff may act for sheriff in appraising property. Nebraska Loan & Building Assn. v. Marshall, 51 Neb. 534, 71 N.W. 63 (1897).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2220 - Oaths and affirmations.

25-2220.
Oaths and affirmations.
Whenever an oath is required by this code, the affirmation of a person conscientiously scrupulous of taking an oath, shall have the same effect.
Source
R.S.1867, Code § 894, p. 549;
R.S.1913, § 8569;
C.S.1922, § 9520;
C.S.1929, § 20-2221;
R.S.1943, § 25-2220.
Annotations
It is not contempt of court to decline to be sworn by taking the usual oath, since the witness has the right to affirm. Wilcox v. State, 46 Neb. 402, 64 N.W. 1072 (1895).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2222 - Sureties; affidavit of qualifications; effect.

25-2222.
Sureties; affidavit of qualifications; effect.
Ministerial officers, whose duty it is to take security on undertakings, bonds and recognizances, provided by this code, shall require the person offered as surety to make an affidavit of his qualifications. The taking of such an affidavit shall not exempt any ministerial officer, or other officer acting in a ministerial capacity, from any liability to which he might otherwise be subject for taking insufficient surety.
Source
R.S.1867, Code § 894, p. 549;
Laws 1905, c. 179, § 1, p. 672;
R.S.1913, § 8571;
C.S.1922, § 9522;
Laws 1923, c. 112, § 1, p. 270;
Laws 1927, c. 68, § 1, p. 231;
C.S.1929, § 20-2223;
R.S.1943, § 25-2222;
Laws 1972, LB 1032, § 145.
Annotations
Where county judge in probate matter approves appeal bond without required affidavit of qualification and justification of sureties, a surety on bond is estopped from alleging its invalidity, notwithstanding statute requires such affidavit. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), opinion vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936).
Appeal bond to review judgment of county court in probate proceeding may be amended. In re Estate of Hoagland, 128 Neb. 219, 258 N.W. 538 (1935).
Letters testamentary are not void or subject to collateral attack because sureties on executor's bond failed to make affidavit as to qualifications. In re Estate of Hoferer, 116 Neb. 254, 216 N.W. 826 (1927).
Section is not applicable to sheriff taking recognizances under criminal code. Berrer v. Moorhead, 22 Neb. 687, 36 N.W. 118 (1888).
Clerk taking insufficient security on stay of execution is liable. Brock v. Hopkins, 5 Neb. 231 (1876).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2223 - Sureties; justification; requirements.

25-2223.
Sureties; justification; requirements.
The surety in every undertaking, bond and recognizance, provided by this code, must be a resident of this state and must have property, liable to execution, situate in the county in this state in which such undertaking, bond or recognizance is to be given and filed, worth at least double the sum to be secured, beyond the amount of all liens and encumbrances thereon and his exemptions therein; but this provision shall not be held to apply to incorporated surety companies authorized by the laws of this state to transact business. Except in the case of incorporated surety companies, where there are two or more sureties in the same undertaking, bond or recognizance, they must, in the aggregate, have the qualifications prescribed in this section.
Source
R.S.1867, Code § 898, p. 549;
Laws 1897, c. 96, § 1, p. 379;
R.S.1913, § 8572;
C.S.1922, § 9523;
Laws 1923, c. 112, § 2, p. 270;
C.S.1929, § 20-2224;
R.S.1943, § 25-2223.
Annotations
Sureties on appeal or supersedeas bond are required to justify, or bond may be quashed. Fisher v. Keeler, 142 Neb. 79, 5 N.W.2d 143 (1942).
Where appeal bond on appeal from county court was given with but one surety and was otherwise defective and appellant refused to amend bond notwithstanding appellee's repeated and specific objections, district court had no jurisdiction and should have sustained motions for nonsuit and dismissal. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), opinion vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936).
Court may permit amendment of bond by adding affidavit of justification. In re Estate of Hoagland, 128 Neb. 219, 258 N.W. 538 (1935).
Letters testamentary are not void or subject to collateral attack because sureties on executor's bond failed to make affidavit as to qualifications. In re Estate of Hoferer, 116 Neb. 254, 216 N.W. 826 (1927).
Residence in county is not essential unless specifically required by statute. State ex rel. Lions Ins. Co. v. Baker, 45 Neb. 39, 63 N.W. 139 (1895).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2224 - Cases not provided for in this code; procedure.

25-2224.
Cases not provided for in this code; procedure.
If a case ever arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this code, the practice heretofore in use may be adopted so far as may be necessary to prevent a failure of justice.
Source
R.S.1867, Code § 901, p. 550;
R.S.1913, § 2573;
C.S.1922, § 9524;
C.S.1929, § 20-2225;
R.S.1943, § 25-2224.
Annotations
1. Remedies retained
2. Practice and procedure
3. Miscellaneous
1. Remedies retained
Writ of prohibition may still be used in this state. State ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).
Writ of error coram nobis exists in this state. Carlsen v. State, 129 Neb. 84, 261 N.W. 339 (1935).
This section provides for and contemplates continuance of existing common-law remedies available at and prior to adoption of the civil code. Hamaker v. Patrick, 123 Neb. 809, 244 N.W. 420 (1932).
While writ of certiorari has been abolished, principles of writ have been preserved by error proceedings. Engles v. Morgenstern, 85 Neb. 51, 122 N.W. 688 (1909).
Common-law remedies are continued in force where code has failed to provide a remedy. Moline, Milburn & Stoddard Co. v. Curtis, 38 Neb. 520, 57 N.W. 161 (1893).
Common-law and equity practice is available for vacating decrees for fraud. Smithson v. Smithson, 37 Neb. 535, 56 N.W. 300 (1893).
2. Practice and procedure
Provisions of civil code not only abolish bills of equity with discovery as incident thereto but prevent incorporation in petitions and answers essential elements on which discovery, under former procedure, was based. Marshall v. Rowe, 126 Neb. 817, 254 N.W. 480 (1934).
Party may have equitable relief in probate court; equity pleading applicable. Genau v. Abbott, 68 Neb. 117, 93 N.W. 942 (1903).
Procedure in original actions in Supreme Court may be prescribed by its order or in accordance with its rules. In re Petition of Attorney General, 40 Neb. 402, 58 N.W. 945 (1894).
Section does not give right to supersede judgment of removal by county board. State ex rel. Dodson v. Meeker, 19 Neb. 444, 27 N.W. 427 (1886).
3. Miscellaneous
Purpose of this section was to assure that courts should interpret the code of civil procedure in a liberal spirit. Mathews v. Hedlund, 82 Neb. 825, 119 N.W. 17 (1908).
Section is not applicable where remedy provided by code is lost by laches. Flint v. Chaloupka, 81 Neb. 87, 115 N.W. 535 (1908).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2225 - Special statutory proceedings; procedure; how affected by this code.

25-2225.
Special statutory proceedings; procedure; how affected by this code.
Where, by general or special statute, a civil action, legal or equitable, is given and the mode of proceeding therein is prescribed, this code shall not affect the proceedings under such statute, until the Legislature shall otherwise provide; but in all such cases, as far as it may be consistent with the statute giving such action, and practicable under this code, the proceedings shall be conducted in conformity thereto. Where the statute designates by name or otherwise the kind of action, but does not prescribe the mode of proceedings therein, such action shall be commenced and prosecuted in conformity to this code; where the statute gives an action, but does not designate the kind of action, or prescribe the mode of proceeding therein, such action shall be held to be the civil action of this code and proceeded in accordingly.
Source
R.S.1867, Code § 903, p. 550;
Laws 1867, § 1, p. 71;
R.S.1913, § 8574;
C.S.1922, § 9525;
C.S.1929, § 20-2226;
R.S.1943, § 25-2225.
Annotations
In a summary proceeding under section 32-624 before a district court judge, it was not an abuse of discretion to deny discovery. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).
During pendency of an appeal in district court in workmen's compensation case, plaintiff has the right to dismiss action without prejudice. Chilen v. Commercial Casualty Ins. Co., 135 Neb. 619, 283 N.W. 366 (1939).
Proceedings in election contest case should be in harmony with provisions of the code of civil procedure, except where controlled by specific provisions of special act. Swan v. Bowker, 135 Neb. 405, 281 N.W. 891 (1938).
In mandamus proceedings no pleading is authorized other than the writ and the answer; intervention should be denied. State ex rel. Randall v. Hall, 125 Neb. 236, 249 N.W. 756 (1933).
District court on filing of petition for appeal, will proceed in accordance with compensation act, and requirement of praecipe before issuance of summons does not apply. McIntosh v. Standard Oil Co., 121 Neb. 92, 236 N.W. 152 (1931).
Special proceeding before Supreme Court Justice to compel election commissioner to file nomination acceptance and place name on ballot is civil action, and must be brought in county where cause of action arose. State ex rel. Meissner v. McHugh, 120 Neb. 356, 233 N.W. 1 (1930).
Special divorce statute requires plaintiff to give actual notice to nonresident defendant whose address is known. Williams v. Williams, 101 Neb. 369, 163 N.W. 147 (1917).
Original actions in Supreme Court are governed by code. State v. State Journal Co., 77 Neb. 771, 111 N.W. 118 (1907).
Divorce is special proceeding. Eager v. Eager, 74 Neb. 827, 105 N.W. 636, 107 N.W. 254 (1905).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2226 - Terms, defined.

25-2226.
Terms, defined.
The words found in Chapter 25 shall be construed and held to mean as follows: Complainant means plaintiff; bill means complaint; suit means action or civil action; and decree means judgment; and all other words and terms found in Chapter 25, heretofore applicable to the chancery practice hereby repealed, shall be so construed and held as to carry out the intention of such chapter, prevent a failure of justice, and give adequate relief in all cases.
Source
Laws 1867, § 5, p. 71;
R.S.1913, § 8575;
C.S.1922, § 9526;
C.S.1929, § 20-2227;
R.S.1943, § 25-2226;
Laws 2002, LB 876, § 56.
Annotations
A judgment and a decree are synonymous terms. Spencer v. Spencer, 165 Neb. 675, 87 N.W.2d 212 (1957).
Decree of divorce is judgment. Wharton v. Jackson, 107 Neb. 288, 185 N.W. 428 (1921).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2227 - Legal notices; week, defined.

25-2227.
Legal notices; week, defined.
Wherever the statutes of Nebraska provide for the publication of notices any number of weeks, or for any number of weeks, the term week shall be construed to mean either a period of time known as a calendar week beginning on Sunday and ending with Saturday, or any period of seven consecutive days beginning with the date of the first publication of notice;
Provided, however,
nothing herein contained shall be held to apply to any notice published prior to April 17, 1915.
Source
Laws 1915, c. 222, § 1, p. 491;
C.S.1922, § 9527;
C.S.1929, § 20-2228;
R.S.1943, § 25-2227.
Annotations
Notice of publication of formation of drainage district was sufficient. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953).
Construction of statute providing for notice of time and place of proving will was not affected by this section. Johnson v. Richards, 155 Neb. 552, 52 N.W.2d 737 (1952).
Section is constitutional. Did not change construction of statutes providing for publication in weekly newspapers. In re Estate of Johnson, 99 Neb. 275, 155 N.W. 1100 (1916).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2228 - Legal notices; how published.

25-2228.
Legal notices; how published.
(1) All legal publications and notices of whatever kind or character that may by law be required to be published a certain number of days or a certain number of weeks shall be legally published when they have been published in one issue in each week in a daily, semiweekly, or triweekly newspaper, such publication in such daily, semiweekly, or triweekly paper or papers to be made upon any one day of the week upon which such paper is published. Nothing in this section shall be construed as preventing the publication of such legal notices and publications in weekly newspapers. Any newspaper publishing such legal notices or publications as provided in this section shall be otherwise qualified under existing law to publish such notices or publications. All legal publications and all notices of whatever kind or character that may be required by law to be published a certain number of days or a certain number of weeks, shall be and hereby are declared to be legally published when they shall have been published once a week in a weekly, semiweekly, triweekly, or daily newspaper for the number of weeks, covering the period of publication. For the purpose of this section, when a newspaper is published regularly four or more times each week, it shall be deemed a daily newspaper.
(2) Beginning October 1, 2022, all legal publications and notices of whatever kind or character that may by law be required to be published a certain number of days or a certain number of weeks shall also be posted by the newspaper publishing such legal publications or notices on a statewide website established and maintained as a repository for such notices by a majority of Nebraska newspapers. A website posting or a failure to make such website posting under this subsection shall not affect the validity of the publication or notice published under subsection (1) of this section.
Source
Laws 1917, c. 202, § 1, p. 481;
C.S.1922, § 9528;
Laws 1923, c. 100, § 1, p. 255;
Laws 1927, c. 63, § 1, p. 225;
C.S.1929, § 20-2229;
R.S.1943, § 25-2228;
Laws 1943, c. 47, § 1, p. 198;
Laws 1996, LB 299, § 21;
Laws 2022, LB840, § 1.
Annotations
If a publication day falls upon a holiday, publication the preceding day complies with this section. Hollstein v. Adams, 187 Neb. 781, 194 N.W.2d 216 (1972).
This section supersedes and effectively abrogates contrary provision of statute and home rule charter. Skag-Way Department Stores, Inc. v. City of Grand Island, 176 Neb. 169, 125 N.W.2d 529 (1964).
Last part of section refers only to number of times notice is required to be published and not to duration of notice. Johnson v. Richards, 155 Neb. 552, 52 N.W.2d 737 (1952).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2229 - Constables; contracts authorized.

25-2229.
Constables; contracts authorized.
(1) In counties having a population of one hundred thousand or more inhabitants, each judge of the county court may contract with one constable for purposes of serving or otherwise executing, according to law, and returning writs or other legal process. Such constables shall not be considered employees of the state or its political subdivisions. Notwithstanding any other provision of law, the terms of such contract shall be prescribed by the State Court Administrator.
(2) In counties having more than one contracted constable, the party requesting the constable to serve or otherwise execute any legal process may designate by name the constable who shall serve or otherwise execute such legal process.
Source
Laws 1941, c. 36, § 7, p. 149;
C.S.Supp.,1941, § 22-1512;
R.S.1943, § 26-1,183;
R.S.1943, (1979), § 26-1,183;
Laws 1984, LB 13, § 45;
R.S.1943, (1985), § 24-5,106;
Laws 1992, LB 1059, § 15;
Laws 1999, LB 319, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2230 - Constables; bond; approval; amount.

25-2230.
Constables; bond; approval; amount.
Constables in county court shall give bond in the amount of five thousand dollars signed by two or more sureties who shall each qualify in twice the amount of the bond, or by some responsible surety or bonding company authorized by law to execute surety bonds in this state, to be approved by the presiding judge of the district court of the county to be conditioned upon the faithful discharge of his or her duties as constable.
Source
Laws 1929, c. 82, art. XV, § 181, p. 325;
C.S.1929, § 22-1511;
R.S.1943, § 26-1,182;
Laws 1971, LB 959, § 3;
R.S.1943, (1979), § 26-1,182;
Laws 1984, LB 13, § 44;
R.S.1943, (1985), § 24-5,105.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2231 - Constables; authority; violation; penalty.

25-2231.
Constables; authority; violation; penalty.
In serving all civil process and in doing his or her duties generally, when not otherwise restricted by law, the authority of a constable shall extend throughout the territory in which the judges of the county court who appointed him or her have jurisdiction, and in executing and serving process issued by courts inferior to the district court, he or she shall have and exercise the same authority and powers over goods and chattels and the persons or parties and in serving process as is granted by law to a sheriff under like process issued from courts of record. Any constable who shall knowingly perform or attempt to perform any official act outside of the territory in which the court which appointed him or her has jurisdiction shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten nor more than one hundred dollars or shall be imprisoned for not more than ten days.
Source
Laws 1929, c. 82, art. XV, § 177, p. 324;
C.S.1929, § 22-1507;
R.S.1943, § 26-1,178;
R.S.1943, (1979), § 26-1,178;
Laws 1984, LB 13, § 42;
Laws 1988, LB 1030, § 12;
R.S.Supp.,1988, § 24-5,101.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2232 - Sheriffs; general powers.

25-2232.
Sheriffs; general powers.
All sheriffs shall be ministerial officers in county courts in their respective jurisdictions' civil and criminal cases, and civil and criminal processes may be executed by them throughout the jurisdiction.
Source
Laws 1929, c. 82, art. XV, § 171, p. 323;
C.S.1929, § 22-1501;
R.S.1943, § 26-1,172;
R.S.1943, (1979), § 26-1,172;
Laws 1984, LB 13, § 40;
Laws 1988, LB 1030, § 11;
R.S.Supp,1988, § 24-595;
Laws 1992, LB 1059, § 16.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2233 - Sheriff; service of process.

25-2233.
Sheriff; service of process.
It shall be the duty of every sheriff to serve and execute all warrants, writs, precepts, executions, and other legal process to him or her directed and delivered.
Source
Laws 1929, c. 82, art. XV, § 172, p. 324;
C.S.1929, § 22-1502;
R.S.1943, § 26-1,173;
R.S.1943, (1979), § 26-1,173;
Laws 1984, LB 13, § 41;
R.S.1943, (1985), § 24-596;
Laws 1992, LB 1059, § 17.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2234 - Sheriff; return of process.

25-2234.
Sheriff; return of process.
It shall be the duty of every sheriff to make due return of all legal process to him or her directed and by him or her delivered or served by certified or registered mail, at the proper office and on the proper return day thereof, or if the judgment is recorded in the district court, appealed, or stayed, upon which he or she has an execution, on notice thereof, to return the execution, stating thereon such facts.
Source
Laws 1929, c. 82, art. XV, § 173, p. 324;
C.S.1929, § 22-1503;
Laws 1933, c. 44, § 4, p. 253;
C.S.Supp.,1941, § 22-1503;
R.S.1943, § 26-1,174;
R.S.1943, (1979), § 26-1,174;
Laws 1987, LB 93, § 7;
R.S.Supp.,1988, § 24-597;
Laws 1992, LB 1059, § 18;
Laws 2018, LB193, § 41.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2235 - Sheriff; process; return; contents.

25-2235.
Sheriff; process; return; contents.
It shall be the duty of every sheriff, on the receipt of any writ or other legal process, except subpoenas, to note thereon the time of receiving the same. The sheriff shall also state in his or her return on the same the time and manner of executing it.
Source
Laws 1929, c. 82, art. XV, § 174, p. 324;
C.S.1929, § 22-1504;
R.S.1943, § 26-1,175;
R.S.1943, (1979), § 26-1,175;
R.S.1943, (1985), § 24-598;
Laws 1992, LB 1059, § 19.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2236 - Constables and sheriffs; return of not found; when made.

25-2236.
Constables and sheriffs; return of not found; when made.
No officer shall make a return on any process of "not found" as to any defendant, unless he shall have been once at least to the usual place of residence of the defendant, if such defendant has any in the jurisdiction of the court.
Source
Laws 1929, c. 82, art. XV, § 175, p. 324;
C.S.1929, § 22-1505;
R.S.1943, § 26-1,176;
R.S.1943, (1979), § 26-1,176;
R.S.1943, (1985), § 24-599.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2237 - Constables and sheriffs; take person into custody; procedure.

25-2237.
Constables and sheriffs; take person into custody; procedure.
When it shall become the duty of the officer to take the body of any person to the jail of the county, he shall deliver to the sheriff or jailer a certified copy of the execution, commitment or other processes, whereby he holds such person in custody, and return the original to the clerk who issued the same, which copy shall be sufficient authority to the sheriff or jailer to keep the prisoner in jail until discharged by due course of law.
Source
Laws 1929, c. 82, art. XV, § 178, p. 325;
C.S.1929, § 22-1508;
R.S.1943, § 26-1,179;
R.S.1943, (1979), § 26-1,179;
R.S.1943, (1985), § 24-5,102.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2238 - Sheriffs; money collected; accounting and payment.

25-2238.
Sheriffs; money collected; accounting and payment.
Sheriffs shall pay over to the party entitled thereto all money received in his or her official capacity if demand is made by such party, or such party's agent or attorney, at any time before he or she returns the writ upon which he or she has received it. If not paid over by that time, the sheriff shall pay the same to the clerk of the county court when he or she returns the writ.
Source
Laws 1929, c. 82, art. XV, § 179, p. 325;
C.S.1929, § 22-1509;
R.S.1943, § 26-1,180;
R.S.1943, (1979), § 26-1,180;
Laws 1984, LB 13, § 43;
R.S.1943, (1985), § 24-5,103;
Laws 1992, LB 1059, § 20.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2239 - Sheriffs; neglect of duty; penalty; how recovered.

25-2239.
Sheriffs; neglect of duty; penalty; how recovered.
Sheriffs shall be liable to twenty percent penalty upon the amount of damages for which judgment may be entered against them for failing to make return, making false return, or failing to pay over money collected or received in his or her official capacity. Such judgment must include, in addition to the damages and costs, the penalty herein provided.
Source
Laws 1929, c. 82, art. XV, § 180, p. 325;
C.S.1929, § 22-1510;
R.S.1943, § 26-1,181;
R.S.1943, (1979), § 26-1,181;
R.S.1943, (1985), § 24-5,104;
Laws 1992, LB 1059, § 21.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2301 - Terms, defined.

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