Nebraska § 25-1097 Order for delivery; how executed

Nebraska Statutes

§ 25-1097 — Order for delivery; how executed

Nebraska § 25-1097

Ch. 25Courts; Civil Procedure

This text of Nebraska § 25-1097 (Order for delivery; how executed) 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. § 25-1097 (2026).

Text

The sheriff shall execute the order of delivery by taking the property therein mentioned. He shall also deliver a copy of the order of delivery to the person charged with the unlawful detention of the property or leave such copy at his usual place of residence.

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Legislative History

Source: R.S.1867, Code § 185, p. 422; R.S.1913, § 7826; C.S.1922, § 8770; C.S.1929, § 20-1097; R.S.1943, § 25-1097; Laws 1973, LB 474, § 8. Annotations: Cannot seize property in possession of third party claiming ownership in good faith. Singer Sewing Machine Co. v. Robertson, 87 Neb. 542, 127 N.W. 866 (1910). Seizure on Sunday is void. Bryant v. State, 16 Neb. 651, 21 N.W. 406 (1884). Leaving copy at usual place of business is insufficient. Aultman & Taylor Co. v. Steinan, 8 Neb. 109 (1879). Failure to serve copy is mere irregularity. Baker v. Daily, 6 Neb. 464 (1877).