Nebraska § 25-1079 Temporary injunction; modification; dissolution; supersedeas bond; when executed; form; contents

Nebraska Statutes

§ 25-1079 — Temporary injunction; modification; dissolution; supersedeas bond; when executed; form; contents

Nebraska·Ch. 25 Courts; Civil Procedure

Such supersedeas bond shall be executed on or before twenty days from the time of the order dissolving or modifying such injunction, shall be signed by one or more sufficient sureties to be approved by the clerk of the court, and shall be conditioned that the party or parties who obtained such injunction shall pay to the defendant, or defendants, all damages, which he or they shall sustain by reason of said injunction, if it be finally decided that such injunction ought not to have been granted.

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Such supersedeas bond shall be executed on or before twenty days from the time of the order dissolving or modifying such injunction, shall be signed by one or more sufficient sureties to be approved by the clerk of the court, and shall be conditioned that the party or parties who obtained such injunction shall pay to the defendant, or defendants, all damages, which he or they shall sustain by reason of said injunction, if it be finally decided that such injunction ought not to have been granted.

Nebraska § 25-1079 (Temporary injunction; modification; dissolution; supersedeas bond; when executed; form; contents) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: Laws 1889, c. 27, § 2, p. 374; R.S.1913, § 7808; C.S.1922, § 8752; C.S.1929, § 20-1079; R.S.1943, § 25-1079. Annotations: All reasonable damages may be recovered by an enjoined party if the injunction was granted in error. Reasonable attorney fees incurred in dissolving the bond may also be recovered. Koch v. Aupperle, 277 Neb. 560, 763 N.W.2d 415 (2009).