§ 25-1093 — Replevin; delivery of property; notice, when required

Nebraska § 25-1093

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

Text

The plaintiff in an action to recover the possession of specific personal property may, at the commencement of the suit, or any time before answer, request the delivery of such property as provided by sections 25-1093 to 25-1098 , 25-10,109 , and 25-10,110 . In a replevin action under the Grain Warehouse Act, notice shall be given as provided in section 88-547.02 .

Legislative History

Source: R.S.1867, Code § 181, p. 421; R.S.1913, § 7822; C.S.1922, § 8766; C.S.1929, § 20-1093; R.S.1943, § 25-1093; Laws 1973, LB 474, § 1; Laws 2005, LB 492, § 1. Cross References: Grain Warehouse Act, see section 88-525. Annotations: Where both parties contemplated that payment for cattle would be made by draft drawn on the buyer by the seller, the transaction was a cash sale and seller could properly reclaim the cattle from the buyer following buyer's dishonor of the draft drawn on buyer by seller pursuant to the parties' agreement. Peck v. Augustine Bros. Co., 203 Neb. 574, 279 N.W.2d 397 (1979). Action of replevin is in part a proceeding in rem, and trial de novo is authorized in district court on appeal. Lemer v. Hunyak, 104 Neb. 2, 175 N.W. 605 (1919). Replevin action may proceed to trial and judgment without the property being delivered to the plaintiff. Hudelson v. First Nat. Bank of Tobias, 56 Neb. 247, 76 N.W. 570 (1898). Replevin cannot be had for exempt property until inventory and selection by debtor. Mann v. Welton, 21 Neb. 541, 32 N.W. 599 (1887).