§ 25-1062 — Injunction, defined

Nebraska § 25-1062

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

Text

The injunction provided by this code is a command to refrain from a particular act. It may be the final judgment in an action or may be allowed as a provisional remedy, subject to the provisions of sections 25-1062 to 25-1080 , and when so allowed it shall be by order. The writ of injunction is abolished.

Legislative History

Source: R.S.1867, Code § 250, p. 435; R.S.1913, § 7791; C.S.1922, § 8735; C.S.1929, § 20-1062; Laws 1941, c. 29, § 2, p. 133; C.S.Supp.,1941, § 20-1062; R.S.1943, § 25-1062. Annotations: An injunction to stay proceedings at law is not properly directed against a court or statutory tribunal before which the matter is pending, but lies solely against the parties to such proceeding. Massman Constr. Co. v. Nebraska Workmen's Compensation Court, 141 Neb. 270, 3 N.W.2d 639 (1942). An injunction is a command to refrain from a particular act. Conrad v. Kaup, 137 Neb. 900, 291 N.W. 687 (1940). The term injunction includes restraining order. Behrens v. Smith Baking Co., 130 Neb. 651, 266 N.W. 61 (1936). Order restrains only party against whom directed and subordinates. Boyd v. State, 19 Neb. 128, 26 N.W. 925 (1886). Because injunctions are provided for in this section of Chapter 25, a suit for an injunction is an action and not a special proceeding. O'Connor v. Kaufman, 6 Neb. App. 382, 574 N.W.2d 513 (1998).