25-101. Civil action. The distinctions between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and in their place there shall be hereafter but one form of action, which shall be called a civil action. Source R.S.1867, Code § 2, p. 394; Laws 1867, […]
25-1010. Attachment; garnishment; affidavit; summons; answer; duties of garnishee; written interrogatories; financial institution; service of process; designated location; Department of Banking and Finance; immunity. (1) When an affidavit is filed in a civil action containing the necessary allegations of an affidavit of attachment and in addition allegations that the affiant has good reason to and […]
25-1011. Garnishment; service upon garnishee; forms; notice; hearing. (1) The summons and order of garnishment and the interrogatories in duplicate, a notice to judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for service of a summons in a civil action. (2) The judgment creditor […]
25-1012.01. Garnishment; public officers and employees. All provisions, including provisions for a continuing lien prescribed in section 25-1056, requirements, conditions, and exemptions of the garnishment laws of the State of Nebraska shall apply to all state, county, municipal, municipally owned corporation, township, and school district officers and employees to the same extent and effect as […]
25-1012.02. Garnishment; public officers and employees; procedure; process; answer. Such proceedings may be brought against the State of Nebraska or any county, township, municipal corporation, municipally owned corporation, or school district as garnishee defendant, and process shall be served in the manner provided for service of a summons in a civil action, except that certified […]
25-1014. Several attachments of same property; inventory and appraisement. Different attachments of the same property may be made by the same officer, and one inventory and appraisement shall be sufficient, and it shall not be necessary to return the same with more than one order. Source R.S.1867, Code § 209, p. 427; R.S.1913, § 7743; […]
25-1015. Attached property; subsequent orders; procedure. When the property is under attachment, it shall be attached under subsequent orders as follows: (1) If it is real property, it shall be attached in the manner prescribed in section 25-1008; (2) if it is personal property, it shall be attached as in the hands of the officer […]
25-1016. Order of attachment; return; contents. The officer shall return upon every order of attachment what he or she has done under it. The return must show when and how the defendant was served, and the property attached and the time it was attached. When garnishees are served, their names and the time each was […]
25-1017. Order of attachment; effect; lien of consignee; interest and other costs; how computed. An order of attachment binds the property attached from the time of service, and the garnishee shall stand liable to the plaintiff in attachment for all property, money, and credits in his hands, or due from him to defendant, from the […]
25-1018. Attachment; receiver; appointment; oath; bond; accounting. The court, or any judge thereof during vacation, may, on the application of the plaintiff and on good cause shown, appoint a receiver, who shall take an oath faithfully to discharge his duty, and shall give an undertaking to the State of Nebraska in such sum as the […]
25-1019. Attachment; receiver; powers and duties; actions by. Such receiver shall take possession of all notes, due bills, books of account, accounts and all other evidences of debt, that have been taken by the sheriff or other officer as the property of the defendant in attachment, and shall proceed to settle and collect the same. […]
25-102. Parties; how designated. In all civil actions, the complaining party shall be known as the plaintiff and the adverse party as the defendant. Source R.S.1867, Code § 3, p. 394; R.S.1913, § 7561; C.S.1922, § 8504; C.S.1929, § 20-102; R.S.1943, § 25-102. Annotations Designation of party appealing as plaintiff in eminent domain proceeding was […]
25-1020. Attachment; receiver; appointment; notice to debtors of defendant in attachment; effect. Such receiver shall forthwith give notice of his appointment to the persons indebted to the defendant in attachment. The notice shall be written or printed, and shall be served on the debtor or debtors by copy personally or by copy left at the […]
25-1021. Attachment; receiver; reports; custody of property; duties. Such receiver shall, when required, report his proceedings to the court, and hold all money collected by him and property which may come into his hands subject to the order of the court. Source R.S.1867, Code § 216, p. 428; R.S.1913, § 7750; C.S.1922, § 8694; C.S.1929, […]
25-1022. Attachment; sheriff; powers when no receiver appointed; bond. When a receiver is not appointed by the court or a judge thereof, as provided in section 25-1018, the sheriff or other officer attaching the property shall have all the powers and perform all the duties of a receiver appointed by the court or judge, and […]
25-1023. Attached property; preservation; sale; proceeds. The court shall make proper orders for the preservation of the property during the pendency of the suit. It may direct the sale of property when, because of its perishable nature or the costs of keeping it, a sale will be for the benefits of the parties. In vacation, […]
25-1024. Attachment; discharge; bond; effect; restitution of property or proceeds. (1) If the defendant, or any other person on his or her behalf, at any time before judgment, causes an undertaking to be executed to the plaintiff by one or more sureties resident in the county, to be approved by the court, in the amount […]
25-1025. Attachment; discharge; bond, how executed. The undertaking mentioned in subsection (1) of section 25-1024 may, in vacation, be executed in the presence of the sheriff having the order of attachment in his or her hands, or, after the return of the order, before the clerk, with the same effect as if executed in court, […]
25-1026. Garnishee; answer; interrogatories; filing fee; costs. The garnishee shall answer, under oath, all the interrogatories put to him touching the property of every description and credits of the defendant in his possession or under his control at the time of the service of the summons and interrogatories, and he shall disclose truly the amount […]
25-1027. Garnishee; payment into court; effect; costs. A garnishee may pay the money owing to the defendant by him into court. He shall be discharged from liability to the defendant for any money so paid not exceeding the plaintiff’s claim. He shall not be subjected to costs beyond those caused by his resistance of the […]
