Nebraska § 23-1701.06 Failure or neglect to execute process; amercement; civil liability

Nebraska Statutes

§ 23-1701.06 — Failure or neglect to execute process; amercement; civil liability

Nebraska § 23-1701.06

Ch. 23County Government and Officers

This text of Nebraska § 23-1701.06 (Failure or neglect to execute process; amercement; civil liability) 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. § 23-1701.06 (2026).

Text

The sheriff shall execute every summons, order, or other process and return the same as required by law. If the sheriff fails to do so, unless he or she makes it appear to the satisfaction of the court that he or she was prevented by inevitable accident from so doing, he or she shall be amerced by the court in a sum not exceeding one thousand dollars and shall be liable to the action of any person aggrieved by such failure.

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The sheriff shall execute every summons, order, or other process and return the same as required by law. If the sheriff fails to do so, unless he or she makes it appear to the satisfaction of the court that he or she was prevented by inevitable accident from so doing, he or she shall be amerced by the court in a sum not exceeding one thousand dollars and shall be liable to the action of any person aggrieved by such failure.

Legislative History

Source: R.S.1867, Code § 891, p. 548; R.S.1913, § 8565; C.S.1922, § 9516; C.S.1929, § 20-2217; R.S.1943, (1989), § 25-2216; Laws 1990, LB 821, § 12. Annotations: Where judgment creditor fails to show any damage resulting from failure to make levy or return of execution, recovery against officer cannot be had. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946). Where code is silent, common law and equity remedies, not inconsistent therewith, are applicable to prevent failure of justice. Cross-petition is maintainable. Armstrong v. Mayer, 69 Neb. 187, 95 N.W. 51 (1903). "Return" includes certificates and delivery of writ to office from whence issued. Graves v. Macfarland, 58 Neb. 802, 79 N.W. 707 (1899).