Nebraska § 11-114 Bonds; sureties; public officers or deputies and attorneys, ineligible

Nebraska Statutes

§ 11-114 — Bonds; sureties; public officers or deputies and attorneys, ineligible

Nebraska § 11-114

Ch. 11Bonds and Oaths, Official

This text of Nebraska § 11-114 (Bonds; sureties; public officers or deputies and attorneys, ineligible) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 11-114 (2026).

Text

No state or county officers, or their deputies, shall be taken as security on the bond of any administrator, executor, or other officer from whom by law bond is or may be required, and no practicing attorney shall be taken as surety on any official bond, or bond in any legal proceedings in the district in which he may reside.

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Legislative History

Source: Laws 1881, c. 13, § 14, p. 97; R.S.1913, § 5720; C.S.1922, § 5050; C.S.1929, § 12-114; R.S.1943, § 11-114. Annotations: A practicing attorney should not sign in a legal proceeding as surety, but if bond is approved, the attorney is estopped from alleging its invalidity and it may be enforced against him. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), judgment of affirmance vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936). A practicing attorney is not a proper surety on an appeal bond, but bond is not invalid. Chase v. Omaha L. & T. Co., 56 Neb. 358, 76 N.W. 896 (1898). Attorney should not become a surety upon a bond in a legal proceeding, and if he signs such a bond the clerk should not approve it. If it is approved, the surety is bound thereby. Luce v. Foster, 42 Neb. 818, 60 N.W. 1027 (1894); Tessier v. Crowley, 17 Neb. 207, 22 N.W. 422 (1885).