§ 25-1024 — Attachment; discharge; bond; effect; restitution of property or proceeds

Nebraska § 25-1024

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

(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 of the plaintiff's claim as stated in his or her affidavit, to the effect that the defendant shall perform the judgment of the court, the attachment in such action shall be discharged and restitution made of any property taken under it or the proceeds thereof. Such undertaking shall also discharge the liability of a garnishee in such action for any property of the defendant in his or her hands.
(2) If the defendant presents to the court, by affidavit or otherwise, specific facts demonstrating that no sureties are necessary to insure satisfaction of the plaintiff's claim, the court may allow the undertaking to be executed by the defendant alone.

Legislative History

Source: R.S.1867, Code § 219, p. 429; R.S.1913, § 7753; C.S.1922, § 8697; C.S.1929, § 20-1024; R.S.1943, § 25-1024; Laws 1980, LB 597, § 9. Annotations: Upon dissolution of an attachment, ordinarily all property should be returned to the defendant. Ceres Fertilizer, Inc. v. Beekman, 209 Neb. 447, 308 N.W.2d 347 (1981). Failure to return property upon order dissolving attachment may create liability on attachment bond. Schneider v. Daily, 148 Neb. 413, 27 N.W.2d 550 (1947). After defendant in attachment proceedings has given "forthcoming" bond, he may move to dissolve attachment, but not if he gives "discharge" bond, because approval of same ipso facto discharges writ. Burnham-Munger-Root Dry Goods Co. v. Strahl, 102 Neb. 142, 166 N.W. 266 (1918).