Nebraska § 23-1702 Violations; penalty

Nebraska Statutes

§ 23-1702 — Violations; penalty

Nebraska § 23-1702

Ch. 23County Government and Officers

This text of Nebraska § 23-1702 (Violations; penalty) 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. § 23-1702 (2026).

Text

The disobedience by the sheriff of the command of any such process is a contempt of the court from which it was issued, and may be punished by the same accordingly, and he is further liable to the action of any person injured thereby.

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Legislative History

Source: Laws 1879, § 117, p. 385; R.S.1913, § 5654; C.S.1922, § 4981; C.S.1929, § 26-1402; R.S.1943, § 23-1702. Annotations: Officer is liable in damages for failure to make return to execution. Ehlers v. Gallagher, 147 Neb. 97, 2 N.W.2d 396 (1946). Court will mandamus sheriff to make arrest when proper warrant from another county is placed in his hands and he refuses to act. State ex rel. Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939). Sheriff is not liable for negligence in levy of writ where plaintiff or his attorney contributed to negligence. Parrott v. McDonald, 72 Neb. 97, 100 N.W. 132 (1904).