reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1050 - Attachment; claims not due; procedure; affidavit required.

25-1050.
Attachment; claims not due; procedure; affidavit required.
The attachment authorized by section 25-1049 may be granted by the court in which the action is brought, or by a judge thereof, or by the county judge of the county; but before such action shall be brought or such attachment shall be granted, an affidavit or affidavits shall be presented to the judge; such affidavits shall be based upon personal knowledge and shall state specific facts demonstrating (1) that plaintiff will possess a valid cause of action against the defendant when the claim becomes due, (2) the date when the claim shall be due, (3) the amount of the claim, (4) a description of the existence and approximate value of any of defendant's property known to the plaintiff to be within the jurisdiction of the court and not exempt from attachment, and (5) the existence of any one of the grounds for attachment enumerated in section 25-1049.
Source
R.S.1867, Code § 238, p. 433;
R.S.1913, § 7779;
C.S.1922, § 8723;
C.S.1929, § 20-1050;
R.S.1943, § 25-1050;
Laws 1980, LB 597, § 14.
Annotations
Neither county judge nor Supreme Judges can allow attachment in district court action when district judge is present in county. Ferson v. Armour & Co., 103 Neb. 809, 174 N.W. 425 (1919).
Subsequent attaching creditors may intervene and contest attachment made without order. Deere, Wells & Co. v. Eagle Mfg. Co., 49 Neb. 385, 68 N.W. 504 (1896).
Affidavit, not petition, must show grounds for attachment. Cox & Cornell v. Peoria Mfg. Co., 42 Neb. 660, 60 N.W. 933 (1894).
Order allowing attachment is judicial act, and void if made on holiday. Merchants Nat. Bank of Omaha v. Jaffray, 36 Neb. 218, 54 N.W. 258 (1893).
Order authorizing attachment is not void though seal of court is omitted; it is amendable. Winchell v. McKinzie, 35 Neb. 813, 53 N.W. 975 (1892).
An attachment on debt before due can only be had in exceptional cases, and jurisdictional steps must be taken. Gamble v. Wilson, 33 Neb. 270, 50 N.W. 3 (1891).
It is unnecessary for affiant to state he is plaintiff, agent, or attorney. Reed, Jones & Co. v. Bagley, 24 Neb. 332, 38 N.W. 827 (1888).
Affidavit should state facts and not be merely in language of statute. Seidentopf v. Annabil, 6 Neb. 524 (1877).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1051 - Attachment order in actions on claims not due; refusal requires dismissal of action.

25-1051.
Attachment order in actions on claims not due; refusal requires dismissal of action.
If the court or judge refuse to grant an order of attachment as provided in sections 25-1049 and 25-1050, the action shall be dismissed, but without prejudice to a future action; and in all such actions application for an attachment must be made.
Source
R.S.1867, Code § 239, p. 433;
R.S.1913, § 7780;
C.S.1922, § 8724;
C.S.1929, § 20-1051;
R.S.1943, § 25-1051.
Annotations
Dissolution of attachment terminates main action. Dayton Spice-Mills Co. v. Sloan, 49 Neb. 622, 68 N.W. 1040 (1896).
Action depends upon attachment. Cox & Cornell v. Peoria Mfg. Co., 42 Neb. 660, 60 N.W. 933 (1894).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1052 - Attachment order in actions on claims not due; amount; specification.

25-1052.
Attachment order in actions on claims not due; amount; specification.
The order of the court or judge granting the attachment shall specify the amount for which it is allowed, not exceeding a sum sufficient to satisfy the plaintiff's claim and the probable costs of the action.
Source
R.S.1867, Code § 240, p. 433;
R.S.1913, § 7781;
C.S.1922, § 8725;
C.S.1929, § 20-1052;
R.S.1943, § 25-1052.
Annotations
Order need not appear on face of writ. Armstrong v. Lynch, 29 Neb. 87, 45 N.W. 274 (1890).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1054 - Attachment in actions on claims not due; judgment; when rendered.

25-1054.
Attachment in actions on claims not due; judgment; when rendered.
The plaintiff in such action shall not have judgment on his claim before it becomes due, and the proceedings on attachment may be conducted without delay.
Source
R.S.1867, Code § 242, p. 433;
R.S.1913, § 7783;
C.S.1922, § 8727;
C.S.1929, § 20-1054;
R.S.1943, § 25-1054.
Annotations
Attachment will not support creditor's bill to set aside fraudulent conveyance. Ainsworth v. Roubal, 74 Neb. 723, 105 N.W. 248 (1905).
Judgment cannot be entered before claim is due. Cox & Cornell v. Peoria Mfg. Co., 42 Neb. 660, 60 N.W. 933 (1894).
Purchase-money mortgage given to secure particular debt remains valid in equity regardless of form the debt may assume, if it can be traced. Troyer v. Mundy, 60 F.2d 818 (8th Cir. 1932).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1055 - Attachment in actions on claims not due; procedure in general.

25-1055.
Attachment in actions on claims not due; procedure in general.
The proceedings under general attachment provided for in sections 25-1004 to 25-1041, so far as they are applicable, shall regulate the attachments authorized on claims before due.
Source
R.S.1867, Code § 243, p. 433;
R.S.1913, § 7784;
R.S.1922, § 8728;
C.S.1929, § 20-1055;
R.S.1943, § 25-1055.
Annotations
Previous sections of this article regulate attachments before judgment. Insurance Co. of North America v. Maxim's of Nebraska, 178 Neb. 274, 132 N.W.2d 885 (1965).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1062 - Injunction, defined.

25-1062.
Injunction, defined.
The injunction provided by this code is a command to refrain from a particular act. It may be the final judgment in an action or may be allowed as a provisional remedy, subject to the provisions of sections 25-1062 to 25-1080, and when so allowed it shall be by order. The writ of injunction is abolished.
Source
R.S.1867, Code § 250, p. 435;
R.S.1913, § 7791;
C.S.1922, § 8735;
C.S.1929, § 20-1062;
Laws 1941, c. 29, § 2, p. 133;
C.S.Supp.,1941, § 20-1062;
R.S.1943, § 25-1062.
Annotations
An injunction to stay proceedings at law is not properly directed against a court or statutory tribunal before which the matter is pending, but lies solely against the parties to such proceeding. Massman Constr. Co. v. Nebraska Workmen's Compensation Court, 141 Neb. 270, 3 N.W.2d 639 (1942).
An injunction is a command to refrain from a particular act. Conrad v. Kaup, 137 Neb. 900, 291 N.W. 687 (1940).
The term injunction includes restraining order. Behrens v. Smith Baking Co., 130 Neb. 651, 266 N.W. 61 (1936).
Order restrains only party against whom directed and subordinates. Boyd v. State, 19 Neb. 128, 26 N.W. 925 (1886).
Because injunctions are provided for in this section of Chapter 25, a suit for an injunction is an action and not a special proceeding. O'Connor v. Kaufman, 6 Neb. App. 382, 574 N.W.2d 513 (1998).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1062.01 - Director of Natural Resources, defined; notice to appropriator; how given.

25-1062.01.
Director of Natural Resources, defined; notice to appropriator; how given.
(1) The words Director of Natural Resources as used in this section and in sections 25-1064, 25-2159, and 25-2160 mean the Director of Natural Resources, State of Nebraska, his or her successor in office, or any agent, servant, employee, or officer of the State of Nebraska, now or hereafter exercising any powers or duties with respect to the administration of the irrigation water in the state, who may be a party in any court of the state in an action when the relief demanded involves the delivery of irrigation water.
(2) Whenever notice by either registered or certified letter to an appropriator is required in such sections, the address of the appropriator shall be that recorded in the office of the Department of Natural Resources under section 46-230.
Source
Laws 1941, c. 29, § 1, p. 133;
C.S.Supp.,1941, § 20-10,111;
R.S.1943, § 25-1062.01;
Laws 1957, c. 242, § 14, p. 828;
Laws 1957, c. 365, § 1, p. 1232;
Laws 1986, LB 516, § 10;
Laws 2000, LB 900, § 65.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1064.01 - Order granting an injunction; restraining order; requirements.

25-1064.01.
Order granting an injunction; restraining order; requirements.
Every order granting an injunction and every restraining order shall: (1) Set forth the reasons for its issuance; (2) be specific in terms; (3) describe in reasonable detail, and not by reference to the pleading or other document, the act or acts sought to be restrained; and (4) be binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
Source
Laws 1986, LB 516, § 12;
Laws 2002, LB 876, § 21.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1064.02 - Sections, how construed.

25-1064.02.
Sections, how construed.
Sections 25-1062.01 and 25-1064 to 25-1064.02 shall in no way limit a person's right to an injunction or temporary restraining order if such remedies are specifically authorized by statute.
Source
Laws 1986, LB 516, § 13.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1068 - Service of order of injunction; when not required.

25-1068.
Service of order of injunction; when not required.
The order of injunction shall be addressed to the party enjoined, shall state the injunction, and shall be issued by the clerk. Where the injunction is allowed at the commencement of the action, the clerk shall endorse upon the summons injunction allowed, and it shall not be necessary to issue the order of injunction; nor shall it be necessary to issue the same where notice of the application therefor has been given to the party enjoined. The service of the summons so endorsed, or the notice of the application for an injunction, shall be notice of its allowance.
Source
R.S.1867, Code § 256, p. 436;
R.S.1913, § 7797;
C.S.1922, § 8741;
C.S.1929, § 20-1068;
R.S.1943, § 25-1068.
Cross References
For endorsement by sheriff showing time he or she received the summons, see section 23-1701.05.
Annotations
Summons endorsed, injunction allowed, is sufficient notice of order. State ex rel. Minden-Edison Light & Power Co. v. Dungan, 89 Neb. 738, 132 N.W. 305 (1911).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1069 - Service of order; return.

25-1069.
Service of order; return.
Where the injunction is allowed during litigation and without notice of the application therefor, the order of injunction shall be issued, and the sheriff shall forthwith serve the same upon each party enjoined, in the manner prescribed for serving a summons, and make return thereof without delay.
Source
R.S.1867, Code § 257, p. 436;
R.S.1913, § 7798;
C.S.1922, § 8742;
C.S.1929, § 20-1069;
R.S.1943, § 25-1069.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1070 - Injunctions; when binding.

25-1070.
Injunctions; when binding.
An injunction binds the party from the time he has notice thereof and the undertaking required of the applicant therefor is executed.
Source
R.S.1867, Code § 258, p. 436;
R.S.1913, § 7799;
C.S.1922, § 8743;
C.S.1929, § 20-1070;
R.S.1943, § 25-1070.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1071 - Injunctions not granted; when.

25-1071.
Injunctions not granted; when.
No injunction shall be granted by a judge, after a motion therefor has been overruled on the merits of the application by this court; and where it has been refused by the court in which the action is brought, or a judge thereof, it shall not be granted to the same applicant by a court of inferior jurisdiction or any judge thereof.
Source
R.S.1867, Code § 259, p. 436;
R.S.1913, § 7800;
C.S.1922, § 8744;
C.S.1929, § 20-1071;
R.S.1943, § 25-1071.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1073 - Motion for additional security; vacation.

25-1073.
Motion for additional security; vacation.
A party enjoined may, at any time before judgment, upon reasonable notice to the party who has obtained the injunction, move the court for additional security; and if it appears that the surety in the undertaking has removed from the state, or is insufficient, the court may vacate the injunction, unless in a reasonable time sufficient security be given.
Source
R.S.1867, Code § 261, p. 436;
R.S.1913, § 7802;
C.S.1922, § 8746;
C.S.1929, § 20-1073;
R.S.1943, § 25-1073.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1074 - Hearings; affidavits.

25-1074.
Hearings; affidavits.
On the hearing of an application for an injunction, each party may read affidavits. All affidavits shall be filed.
Source
R.S.1867, Code § 262, p. 437;
R.S.1913, § 7803;
C.S.1922, § 8747;
C.S.1929, § 20-1074;
R.S.1943, § 25-1074.
Annotations
This section permits affidavits on application for injunction, but not on final hearing. Francisco v. Furry, 82 Neb. 754, 118 N.W. 1102 (1908).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1075 - Injunction without notice; vacation; modification; notice.

25-1075.
Injunction without notice; vacation; modification; notice.
If the injunction is granted without notice, the defendant, at any time before the trial, may apply, upon notice, to the court in which the action is brought or any judge thereof, to vacate or modify the same. The application may be made upon the complaint or petition and affidavits upon which the injunction is granted, or upon affidavits on the part of the party enjoined, with or without answer. The order of the judge allowing, dissolving, or modifying an injunction shall be returned to the office of the clerk of the court in which the action is brought and recorded and obeyed as if made by the court.
Source
R.S.1867, Code § 263, p. 437;
R.S.1913, § 7804;
C.S.1922, § 8748;
C.S.1929, § 20-1075;
R.S.1943, § 25-1075;
Laws 2002, LB 876, § 22.
Annotations
Judge at chambers cannot dispose of main case. Browne v. Edwards & McCullough Lumber Co., 44 Neb. 361, 62 N.W. 1070 (1895).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1076 - Injunction without notice; showing and counter-showing; affidavits.

25-1076.
Injunction without notice; showing and counter-showing; affidavits.
If the application be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may oppose the same by affidavits or other evidence, in addition to that on which the injunction was granted.
Source
R.S.1867, Code § 264, p. 437;
R.S.1913, § 7805;
C.S.1922, § 8749;
C.S.1929, § 20-1076;
R.S.1943, § 25-1076.
Annotations
Plaintiff should be allowed reasonable time to procure counter affidavits. Armstrong v. Sweeney, 65 Neb. 676, 91 N.W. 570 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1077 - Counterclaim; injunction upon.

25-1077.
Counterclaim; injunction upon.
A defendant may obtain an injunction upon an answer in the nature of a counterclaim. He shall proceed in the manner prescribed in sections 25-1062 to 25-1080.
Source
R.S.1867, Code § 265, p. 437;
R.S.1913, § 7806;
C.S.1922, § 8750;
C.S.1929, § 20-1077;
R.S.1943, § 25-1077.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1078 - Temporary injunction; modification; dissolution; supersedeas bond.

25-1078.
Temporary injunction; modification; dissolution; supersedeas bond.
In case of the dissolution or modification by any court, or any judge at chambers, of any temporary order of injunction which has been or may hereafter be granted, the court or judge so dissolving or modifying said order of injunction shall, at the same time, fix a reasonable sum as the amount of a supersedeas bond, which the person or persons applying for said injunction may give, and prevent the doing of the act or acts, the commission of which was, or may be sought to be restrained by the injunction so dissolved and modified.
Source
Laws 1889, c. 27, § 1, p. 373;
R.S.1913, § 7807;
C.S.1922, § 8751;
C.S.1929, § 20-1078;
R.S.1943, § 25-1078.
Annotations
Temporary restraining order cannot be continued in effect by supersedeas bond after denial of permanent injunction. Harbin v. Love, 119 Neb. 76, 227 N.W. 145 (1929).
Supersedeas is allowable on dissolution of temporary injunction. State ex rel. Minden-Edison Light & Power Co. v. Dungan, 89 Neb. 738, 132 N.W. 305 (1911).
Supersedeas should not be allowed on dissolution of temporary restraining order. State ex rel. Beecher v. Wakeley, 28 Neb. 431, 44 N.W. 488 (1890).
Order dissolving injunction is appealable only after final judgment in action. Horst v. Board of Supervisors of Dodge County, 5 Neb. Unof. 410, 98 N.W. 822 (1904).
Order which does not render first less effective does not modify injunction. State ex rel. Plattsmouth Telephone Co. v. Fawcett, 2 Neb. Unof. 503, 89 N.W. 273 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1079 - Temporary injunction; modification; dissolution; supersedeas bond; when executed; form; contents.

25-1079.
Temporary injunction; modification; dissolution; supersedeas bond; when executed; form; contents.
Such supersedeas bond shall be executed on or before twenty days from the time of the order dissolving or modifying such injunction, shall be signed by one or more sufficient sureties to be approved by the clerk of the court, and shall be conditioned that the party or parties who obtained such injunction shall pay to the defendant, or defendants, all damages, which he or they shall sustain by reason of said injunction, if it be finally decided that such injunction ought not to have been granted.
Source
Laws 1889, c. 27, § 2, p. 374;
R.S.1913, § 7808;
C.S.1922, § 8752;
C.S.1929, § 20-1079;
R.S.1943, § 25-1079.
Annotations
All reasonable damages may be recovered by an enjoined party if the injunction was granted in error. Reasonable attorney fees incurred in dissolving the bond may also be recovered. Koch v. Aupperle, 277 Neb. 560, 763 N.W.2d 415 (2009).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1080 - Temporary injunction; modification; dissolution; supersedeas bond; effect.

25-1080.
Temporary injunction; modification; dissolution; supersedeas bond; effect.
Such supersedeas bond shall stay the doing of the act or acts sought to be restrained by the suit, and continue such injunction in force until the case is heard and finally determined by the judgment, decree or final order of the court in term time.
Source
Laws 1889, c. 27, § 3, p. 374;
R.S.1913, § 7809;
C.S.1922, § 8753;
C.S.1929, § 20-1080;
R.S.1943, § 25-1080.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1083 - Property; possession by sheriff; when authorized; restitution.

25-1083.
Property; possession by sheriff; when authorized; restitution.
Should the delay occasioned by the giving of the notice provided for in section 25-1082 be hazardous to the rights of any party, the court or judge may, by order, direct the sheriff of the county in which such action is pending to take temporary possession of the property, and shall appoint an early day for the hearing of the application, and if at such hearing the application is refused, restitution shall be made of the property to the party from whom the same was taken.
Source
R.S.1867, Code § 268, p. 438;
R.S.1913, § 7812;
C.S.1922, § 8756;
C.S.1929, § 20-1083;
R.S.1943, § 25-1083.
Annotations
Levy of attachment on portion of property without leave of court is not void in absence of objection by sheriff as custodian. Ackerman v. Ackerman, 50 Neb. 54, 69 N.W. 388 (1896).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1084 - Applicants for receiver; bonds required; contents; filing.

25-1084.
Applicants for receiver; bonds required; contents; filing.
Every order appointing a receiver shall require the applicant to give a good and sufficient bond, conditioned to pay all damages which the other parties to the suit or any of them may sustain by reason of the appointment of a receiver, in case it shall be finally decided that the order ought not to have been granted, and shall also require the receiver to give a bond conditioned to faithfully discharge his duties as receiver and obey all orders of the court. The bonds shall each run to the defendant and all adverse parties in interest, shall be for the use of any party to the suit, shall be in a penal sum to be fixed by the court, but not, however, to be in excess of a sum equal to double the value of the property in question, shall be executed by one surety where such surety is an incorporated surety company authorized by the laws of this state to transact such business, and by two or more sureties where such sureties are natural persons, to be approved by the court or judge making the appointment, and shall be filed in the office of the clerk of the district court; nor shall the same be considered executed until they are so filed.
Source
R.S.1867, Code § 269, p. 438;
Laws 1875, § 1, p. 36;
Laws 1897, c. 89, § 1, p. 370;
R.S.1913, § 7813;
C.S.1922, § 8757;
Laws 1923, c. 102, § 1, p. 257;
C.S.1929, § 20-1084;
R.S.1943, § 25-1084.
Cross References
Other bond provisions, see section 25-1018.
State officers, departments, or receivers appointed on application of state, not required to give bond, see section 25-21,216.
Trust companies, see section 8-211.
Annotations
Defect in or total failure to approve bond does not invalidate it. Modisett v. Campbell, 144 Neb. 222, 13 N.W.2d 126 (1944).
Action will lie against receiver for deceit for making false statements in purchasing claims of creditors. State v. Merchants Bank, 81 Neb. 710, 120 N.W. 157 (1909).
Measure of damages for wrongful appointment is rental value of premises and counsel fees on vacation of order. Joslin v. Williams, 76 Neb. 594, 107 N.W. 837 (1906), affirmed on rehearing, 76 Neb. 602, 112 N.W. 343 (1907).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1085 - Application; form; content.

25-1085.
Application; form; content.
If a complainant desires the appointment of a receiver at the commencement of the action, the complainant shall request such appointment in the complaint. If the occasion for a receiver arises while the suit is pending, the application shall be made by a motion setting forth the facts and circumstances making such appointment necessary or proper.
Source
R.S.1867, Code § 270, p. 438;
R.S.1913, § 7814;
C.S.1922, § 8758;
C.S.1929, § 20-1085;
R.S.1943, § 25-1085;
Laws 2002, LB 876, § 23.
Annotations
Appointment of receiver is purely ancillary remedy and cannot be maintained in proceeding instituted solely for that purpose. Cressman v. Bonham, 129 Neb. 201, 260 N.W. 818 (1935).
Verification is not jurisdictional, and may be waived. Farmers & Merchants Bank of Holstein v. German Nat. Bank of Lincoln, 59 Neb. 229, 80 N.W. 820 (1899).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1086 - Qualifications of receiver; sureties; objections; nomination by other parties.

25-1086.
Qualifications of receiver; sureties; objections; nomination by other parties.
Any party to the suit may, upon the hearing of the application, show, by affidavit or otherwise, objections to the proposed sureties and to the proposed receiver, and what is the value of the property to be taken possession of, and that a receiver ought not to be appointed. He may also nominate a person to be receiver, giving at the same time the names of his proposed sureties. No person shall be appointed receiver who is party, solicitor, counsel, or in any manner interested in the suit.
Source
R.S.1867, Code § 271, p. 439;
R.S.1913, § 7815;
C.S.1922, § 8759;
C.S.1929, § 20-1086;
R.S.1943, § 25-1086.
Annotations
Attorney for party is not proper counsel for receiver. Veith v. Ress, 60 Neb. 52, 82 N.W. 116 (1900).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1087 - Order of appointment; special directions.

25-1087.
Order of appointment; special directions.
Every order appointing a receiver shall contain special directions in respect to his powers and duties, and upon application of any party to the suit, after due notice thereof, such further directions may be made in that behalf by the court or judge as may in the further progress of the cause become proper.
Source
R.S.1867, Code § 272, p. 439;
R.S.1913, § 7816;
C.S.1922, § 8760;
C.S.1929, § 20-1087;
R.S.1943, § 25-1087.
Annotations
A court may consider a party's oral request for interim relief, which requires further action by a previously appointed receiver, as an application for further directions. Seid v. Seid, 310 Neb. 626, 967 N.W.2d 253 (2021).
Order appointing receiver should contain special directions with respect to his powers and duties. Frese v. Michalec, 151 Neb. 57, 36 N.W.2d 494 (1949).
A judicial order appointing a receiver to liquidate affairs of insolvent state bank includes power of receiver to sue executive officer of bank and surety on his bond to recover losses sustained by bank for acts in violation of the bond. Luikart v. Flannigan, 130 Neb. 901, 267 N.W. 165 (1936).
This section was incorporated by reference in procedure for liquidation by court of affairs of insolvent bank. State ex rel. Sorensen v. Nebraska State Bank of Bloomfield, 124 Neb. 449, 247 N.W. 31 (1933).
Orders will not be modified unless abuse of discretion is shown. State v. Bank of Rushville, 57 Neb. 608, 78 N.W. 281 (1899).
Receiver may sue for and collect unpaid stock subscriptions that are called for by the directors of the corporation before it is put in the hands of a receiver. Wyman v. Williams, 53 Neb. 670, 74 N.W. 48 (1898).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1088 - Receivers; extent of representation.

25-1088.
Receivers; extent of representation.
Every receiver shall be considered the receiver of any party to the suit, and no others.
Source
R.S.1867, Code § 273, p. 439;
R.S.1913, § 7817;
C.S.1922, § 8761;
C.S.1929, § 20-1088;
R.S.1943, § 25-1088.
Annotations
Court has no power to appoint even temporary receiver for solvent corporation without notice to stockholders, where officers, who were the only parties notified, were charged with misuse of corporate powers. Furrer v. Nebraska Bldg. & Inv. Co., 108 Neb. 698, 189 N.W. 359 (1922).
Parties are not liable for receiver's wrongful acts. City Savings Bank v. Carlon, 87 Neb. 266, 127 N.W. 161 (1910).
Bond holders who are not parties to suit are not bound by acts of receiver. Smiley v. Sioux Beet Syrup Co., 71 Neb. 581, 99 N.W. 263 (1904).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1089 - Appointment of receiver without notice; void; suspension of order, when.

25-1089.
Appointment of receiver without notice; void; suspension of order, when.
Every order appointing a receiver without the notice provided for herein shall be void, and every such order heretofore made, under which the appointee has not possessed himself of the property in question, shall be suspended until an order shall have been made and the bonds executed and filed in accordance with the provisions of sections 25-1081 to 25-1092.
Source
R.S.1867, Code § 274, p. 439;
R.S.1913, § 7818;
C.S.1922, § 8762;
C.S.1929, § 20-1089;
R.S.1943, § 25-1089.
Annotations
An order that issues further directions to an appointed receiver is not within this section. Seid v. Seid, 310 Neb. 626, 967 N.W.2d 253 (2021).
Requirement of giving of notice of application for receiver is mandatory, but may be waived. Modisett v. Campbell, 144 Neb. 222, 13 N.W.2d 126 (1944).
Statutory notice to interested parties is jurisdictional. Furrer v. Nebraska Bldg. & Inv. Co., 108 Neb. 698, 189 N.W. 359 (1922).
Where record shows receiver was appointed before day set in notice, it is void and may be collaterally attacked. Gibson v. Sexson, 82 Neb. 475, 118 N.W. 77 (1908).
Taking possession of bank by receiver is sufficient notice to protect from collateral attack. Holcomb v. Tierney, 79 Neb. 660, 113 N.W. 204 (1907).
Appointment without notice is void not voidable. Smiley v. Sioux Beet Syrup Co., 71 Neb. 581, 99 N.W. 263 (1904); Johnson v. Powers, 21 Neb. 292, 32 N.W. 62 (1887).
Notice may be waived by resisting appointment on other grounds; court may appoint one not named, without further notice. Farmers & Merchants Bank of Holstein v. German Nat. Bank of Lincoln, 59 Neb. 229, 80 N.W. 820 (1899).
Order, regular on its face, is prima facie valid, and protects receiver. Edee v. Strunk, 35 Neb. 307, 53 N.W. 70 (1892).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1091 - Receivers; disobedience of orders; punishment; sheriff may act.

25-1091.
Receivers; disobedience of orders; punishment; sheriff may act.
Whenever, in the exercise of their authority, the court or judge shall have ordered the deposit or delivery of money or other things, and the order is disobeyed, the court or judge, in addition to punishing such disobedience as for contempt, may make an order requiring the sheriff to take the money or thing, and deposit or deliver it, in conformity with the direction of the court or judge.
Source
R.S.1867, Code § 276, p. 439;
Laws 1899, c. 82, § 1, p. 337;
R.S.1913, § 7820;
C.S.1922, § 8764;
C.S.1929, § 20-1091;
R.S.1943, § 25-1091.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1092 - Receivers; compensation.

25-1092.
Receivers; compensation.
Receivers shall receive for their services such compensation as the court may award, subject to the following restrictions:
(1) Receivers appointed for the purpose of preserving and protecting property pending litigation, or for the purpose of continuing the business of the debtor or corporation pending litigation, or when financially embarrassed, may be awarded a salary or lump sum;
(2) Receivers appointed for the purpose of winding up the affairs of a debtor or corporation, reducing the assets to cash and distributing them, shall be awarded as compensation for such services a percentage upon the cash received and properly accounted for by them, which percentage may be increased where extraordinary services have been performed, and correspondingly reduced where the services have not been meritoriously performed.
Source
Laws 1899, c. 33, § 1, p. 169;
R.S.1913, § 7821;
C.S.1922, § 8765;
C.S.1929, § 20-1092;
R.S.1943, § 25-1092.
Annotations
Allowance to receiver of lump sum rather than percentage of cash received was proper where receiver was primarily appointed to conserve assets. State ex rel. Beck v. Associates Discount Corp., 168 Neb. 298, 96 N.W.2d 55 (1959).
Exercise of power to appoint receiver for winding up affairs of corporation was contemplated by this section. State ex rel. Sorensen v. Nebraska State Bank, 124 Neb. 449, 247 N.W. 31 (1933).
Compensation is in discretion of court; and order will not be modified unless discretion was abused. State v. Nebraska Savings & Exchange Bank, 61 Neb. 496, 85 N.W. 391 (1901).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1093 - Replevin; delivery of property; notice, when required.

25-1093.
Replevin; delivery of property; notice, when required.
The plaintiff in an action to recover the possession of specific personal property may, at the commencement of the suit, or any time before answer, request the delivery of such property as provided by sections 25-1093 to 25-1098, 25-10,109, and 25-10,110. In a replevin action under the Grain Warehouse Act, notice shall be given as provided in section 88-547.02.
Source
R.S.1867, Code § 181, p. 421;
R.S.1913, § 7822;
C.S.1922, § 8766;
C.S.1929, § 20-1093;
R.S.1943, § 25-1093;
Laws 1973, LB 474, § 1;
Laws 2005, LB 492, § 1.
Cross References
Grain Warehouse Act, see section 88-525.
Annotations
Where both parties contemplated that payment for cattle would be made by draft drawn on the buyer by the seller, the transaction was a cash sale and seller could properly reclaim the cattle from the buyer following buyer's dishonor of the draft drawn on buyer by seller pursuant to the parties' agreement. Peck v. Augustine Bros. Co., 203 Neb. 574, 279 N.W.2d 397 (1979).
Action of replevin is in part a proceeding in rem, and trial de novo is authorized in district court on appeal. Lemer v. Hunyak, 104 Neb. 2, 175 N.W. 605 (1919).
Replevin action may proceed to trial and judgment without the property being delivered to the plaintiff. Hudelson v. First Nat. Bank of Tobias, 56 Neb. 247, 76 N.W. 570 (1898).
Replevin cannot be had for exempt property until inventory and selection by debtor. Mann v. Welton, 21 Neb. 541, 32 N.W. 599 (1887).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1093.01 - Request delivery of property; affidavit; contents.

25-1093.01.
Request delivery of property; affidavit; contents.
The plaintiff may request the delivery of property as specified in section 25-1093 by filing in the office of the clerk of the court in which the action is filed an affidavit of the plaintiff or his or her agent or attorney showing (1) a description of the property claimed, (2) that the plaintiff is the owner of the property or has a special ownership or interest therein, stating the facts in relation thereto, and that he or she is entitled to the possession of the same, (3) that the property is wrongfully detained by the defendant, and (4) that it was not taken in execution on any order or judgment against such plaintiff, or for the payment of any fine, tax, or amercement assessed against him or her or by virtue of an order of delivery issued under Chapter 25, or any other mesne or final process issued against him or her, except that such affidavit may omit the first and last clause of this subdivision and, in lieu thereof, show that the property was taken on execution on a judgment or order other than an order of delivery in replevin, and that the same is exempt from such execution or attachment under the laws of this state. The provisions of Chapter 25, article 10, shall extend to and apply as well to proceedings in replevin had before county courts. Attached to such affidavit shall be a specific request for the delivery of the property and the issuance of an order by the court to that effect.
Source
Laws 1973, LB 474, § 2;
Laws 1984, LB 13, § 38.
Annotations
Replevin properly lies to recover chattels unlawfully detained, regardless of whether the original taking was wrongful. White Motor Credit Corp. v. Sapp Bros. Truck Plaza, Inc., 197 Neb. 421, 249 N.W.2d 489 (1977).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1093.02 - Affidavit; filing; service; temporary order; effect; hearing; when.

25-1093.02.
Affidavit; filing; service; temporary order; effect; hearing; when.
Upon the filing of such affidavit and request for delivery, if the defendant with full knowledge of the allegations and effect of the plaintiff's request agrees that such delivery in replevin be had, he may execute a voluntary, intelligent, and knowing waiver under oath of his rights to notice and hearing, in which event the court shall order that all further proceedings shall be suspended and the property being replevied delivered to the plaintiff forthwith, otherwise upon the filing of such affidavit and request for delivery required by section 25-1093.01, the court shall issue a temporary order addressed to the defendant that he shall hold the property described in the affidavit in his possession, unimpaired and unencumbered, and in all respects in the same state and condition as at the time of receipt of the order, until further order of the court. The temporary order shall also notify such defendant that if he fails to comply with the temporary order he shall be subject to the full contempt powers of the court. Attached to such temporary order shall be a notice that a hearing will be had and specifying the date, time, and place of such hearing, at which hearing will be determined plaintiff's right to possession of the goods described in plaintiff's affidavit and request for delivery, pending final determination of the merits. At such hearing the defendant shall be required to show cause why the possession of the goods should not be delivered to the plaintiff. Unless otherwise determined and ordered by the court, the date of such hearing shall be seven days after service of the order upon the defendant, but in no event later than fourteen days after service.
Source
Laws 1973, LB 474, § 3;
Laws 1976, LB 859, § 1.
Annotations
A temporary order entered pursuant to this provision, which requires the defendant in replevin action to hold the property unimpaired and unencumbered until hearing which must take place within fourteen days after service and at which court determines plaintiff's right to possession pending final resolution on the merits, results in a deprivation of property rights sufficient to trigger due process protection. Lewis Service Center, Inc. v. Mack Financial Corp., 696 F.2d 66 (8th Cir. 1982).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1093.03 - Affidavit; temporary order; notice; hearing; summons; service.

25-1093.03.
Affidavit; temporary order; notice; hearing; summons; service.
If filed at the commencement of suit, such affidavit and request for delivery and such temporary order containing the notice of hearing shall be served by the sheriff or other officer with the summons. If filed after the commencement of suit but before answer, they shall be served separately from the summons, but as soon after their filing and issuance as practicable. The summons shall be served within three days, excluding nonjudicial days, after the date of issuance.
Source
Laws 1973, LB 474, § 4;
Laws 2021, LB355, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1093.04 - Order for delivery of property.

25-1093.04.
Order for delivery of property.
If the court finds at such hearing that the plaintiff is entitled to possession of the property, it shall order the clerk to issue an order for delivery of the property to the plaintiff, and deliver such order for delivery to the sheriff or other officer to be served and returned according to sections 25-1096 and 25-1097. The order of the court required by this section shall conform to the content requirements of section 25-1094.
Source
Laws 1973, LB 474, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1095 - Order for delivery; contents.

25-1095.
Order for delivery; contents.
The order for the delivery of the property to the plaintiff shall be addressed and delivered to the sheriff. It shall state the names of the parties, the court in which the action is brought, and command the sheriff to take the property, describing it, and deliver it to the plaintiff, and to make return of the order on a day to be named therein.
Source
R.S.1867, Code § 183, p. 422;
R.S.1913, § 7824;
C.S.1922, § 8768;
C.S.1929, § 20-1095;
R.S.1943, § 25-1095.
Annotations
Where writ is made returnable on holiday or Sunday, succeeding day is return day. Ostertag v. Galbraith, 23 Neb. 730, 37 N.W. 637 (1888).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1096 - Order for delivery; when returnable.

25-1096.
Order for delivery; when returnable.
The return day for the order of delivery shall be twenty days after its issuance unless a later date is specified in the order of delivery, in which case the return date shall be the date specified in the order of delivery.
Source
R.S.1867, Code § 184, p. 422;
R.S.1913, § 7825;
C.S.1922, § 8769;
C.S.1929, § 20-1096;
R.S.1943, § 25-1096;
Laws 1973, LB 474, § 7;
Laws 2012, LB734, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1097 - Order for delivery; how executed.

25-1097.
Order for delivery; how executed.
The sheriff shall execute the order of delivery by taking the property therein mentioned. He shall also deliver a copy of the order of delivery to the person charged with the unlawful detention of the property or leave such copy at his usual place of residence.
Source
R.S.1867, Code § 185, p. 422;
R.S.1913, § 7826;
C.S.1922, § 8770;
C.S.1929, § 20-1097;
R.S.1943, § 25-1097;
Laws 1973, LB 474, § 8.
Annotations
Cannot seize property in possession of third party claiming ownership in good faith. Singer Sewing Machine Co. v. Robertson, 87 Neb. 542, 127 N.W. 866 (1910).
Seizure on Sunday is void. Bryant v. State, 16 Neb. 651, 21 N.W. 406 (1884).
Leaving copy at usual place of business is insufficient. Aultman & Taylor Co. v. Steinan, 8 Neb. 109 (1879).
Failure to serve copy is mere irregularity. Baker v. Daily, 6 Neb. 464 (1877).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1098 - Delivery of property to plaintiff; bond; contents; return; redelivery bond.

25-1098.
Delivery of property to plaintiff; bond; contents; return; redelivery bond.
The sheriff, or other officer, shall not deliver to the plaintiff, his agent or attorney, the property so taken, until there has been executed by one or more sufficient sureties of the plaintiff a written undertaking to the defendant, in at least double the value of the property taken, to the effect that the plaintiff shall duly prosecute the action and pay all costs and damages which may be awarded against him, and return the property to the defendant, in case judgment for a return of such property is rendered against him. The undertaking shall be returned with the order.
If, before the actual delivery to the plaintiff, the defendant executes within twenty-four hours from the time of the levy, by one or more sufficient sureties a written undertaking to the plaintiff, in at least double the value of the property, to the effect that the defendant shall duly defend the action and pay all costs and damages which may be awarded against him, and deliver the property to the plaintiff, in case judgment for delivery of such property is rendered against him, the undertaking shall be returned with the order by the officer, who shall return the property to the defendant.
Source
R.S.1867, Code § 186, p. 422;
G.S.1873, c. 57, § 186, p. 553;
R.S.1913, § 7827;
C.S.1922, § 8771;
C.S.1929, § 20-1098;
R.S.1943, § 25-1098;
Laws 1965, c. 119, § 1, p. 452.
Annotations
In forma pauperis status does not excuse the litigant from paying the cost of a premium for a replevin bond pursuant to this section. Jacob v. Schlichtman, 261 Neb. 169, 622 N.W.2d 852 (2001).
A successful plaintiff in replevin is entitled to recover the reasonable cost of the bond required of it by this section. Barelmann v. Fox, 239 Neb. 771, 478 N.W.2d 548 (1992).
Bond runs to defendant alone. Singer Sewing Machine Co. v. Robertson, 87 Neb. 542, 127 N.W. 866 (1910).
Bond entitles plaintiff to property pending action. Jenkins v. State, 60 Neb. 205, 82 N.W. 622 (1900).
Sureties liable to defendant for whom judgment is rendered. Pilger v. Marder, 55 Neb. 113, 75 N.W. 559 (1898).
After obtaining property plaintiff cannot refuse to prosecute and enjoin defendant from prosecuting. Kinkaid v. Hiatt, 24 Neb. 562, 39 N.W. 600 (1888).
Bond omitting requirement to "return the property," is binding as to other provisions. Hicklin v. Nebr. City National Bank, 8 Neb. 463, 1 N.W. 135 (1879).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1099 - Bond; amount; determination; appraisal.

25-1099.
Bond; amount; determination; appraisal.
For the purpose of fixing the amount of the undertaking, the value of the property taken shall be ascertained by the oath of two or more responsible persons, whom the sheriff or other officer shall swear truly to assess the value thereof.
Source
R.S.1867, Code § 187, p. 422;
R.S.1913, § 7828;
C.S.1922, § 8772;
C.S.1929, § 20-1099;
R.S.1943, § 25-1099.
Annotations
Testimony as to valuation placed on property in appraisement was incompetent. Dempster Mill Mfg. Co. v. First Nat. Bank of Holdrege, 49 Neb. 321, 68 N.W. 477 (1896).
Appraisement is not admissible as evidence generally. Barlass v. Braash, 27 Neb. 212, 42 N.W. 1028 (1889).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-10,100 - Failure to furnish bond; duty and liability of officer; return of property to defendant.

25-10,100.
Failure to furnish bond; duty and liability of officer; return of property to defendant.
If the undertaking required by section 25-1098 is not given within twenty-four hours from the taking of the property under said order, the sheriff or other officer shall return the property to the defendant. If the sheriff or other officer delivers any property so taken to the plaintiff, his agent or attorney, or keeps the same from the defendant, without taking such security within the time aforesaid, or if he takes insufficient security, he shall be liable to the defendant in damages.
Source
R.S.1867, Code § 188, p. 422;
R.S.1913, § 7829;
C.S.1922, § 8773;
C.S.1929, § 20-10,100;
R.S.1943, § 25-10,100.
Annotations
Where bond is not given in twenty-four hours, it is duty of officer to return property to defendant. Barlass v. Braash, 27 Neb. 212, 42 N.W. 1028 (1889).
Officer need not accept nonresidents of county as sureties. State ex rel. Sornborger v. Wait, 23 Neb. 166, 36 N.W. 380 (1888).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-10,101 - Bond; objections to sureties; waiver; liability of officer.

25-10,101.
Bond; objections to sureties; waiver; liability of officer.
The defendant may, within twenty-four hours from the time the undertaking referred to in section 25-10,100 is given by the plaintiff, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he must be deemed to have waived all objections to them. When the defendant excepts, the sureties must justify upon notice as in the case of bail on arrest. The sheriff or other officer shall be responsible for the sufficiency of the sureties, until the objection to them is waived as above provided or until they justify. The property shall be delivered to the plaintiff when the undertaking required by section 25-1098 has been given.
Source
R.S.1867, Code § 189, p. 423;
R.S.1913, § 7830;
C.S.1922, § 8774;
C.S.1929, § 20-10,101;
R.S.1943, § 25-10,101.
Annotations
Objection must be made within forty-eight hours from time property was seized. Where objections are waived, officer's good faith in accepting sureties is immaterial. Barton v. Shull, 70 Neb. 324, 97 N.W. 292 (1903).
Subsequent seizure by plaintiff on execution is defense pro tanto. Shull v. Barton, 67 Neb. 311, 93 N.W. 132 (1903).
Where objection is made, officer, failing to have sureties justify, is liable for insufficiency. Barton v. Shull, 62 Neb. 570, 87 N.W. 322 (1901).
Surety, whose want of power to sign is palpable, is not estopped because property was delivered to plaintiff. Sturdevant v. Farmers & Merchants Bank of Rushville, 62 Neb. 472, 87 N.W. 156 (1901).
This section was not rendered inoperative by repeal of legislation providing for release of debtor from arrest. Shull v. Barton, 58 Neb. 741, 79 N.W. 732 (1899).
Constable is liable for taking insufficient bond though objections were not made thereto. Busch v. Moline, Milburn & Stoddard Co., 52 Neb. 83, 71 N.W. 947 (1897).
Provision requiring notice of insufficiency of sureties is inapplicable to action before justice of the peace. Thomas v. Edgerton, 40 Neb. 25, 58 N.W. 551 (1894).
Defendant must except to sufficiency of sureties on replevin bond within time specified. Haynes v. Aultman, Miller & Co., 36 Neb. 257, 54 N.W. 511 (1893).