§ 25-1317 — Judgment or order; infant's right reserved

Nebraska § 25-1317

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

Text

It shall not be necessary to reserve, in a judgment or order, the right of an infant to show cause against it after his attaining twenty years of age; but in any case in which, but for this section, such reservation would have been proper, the infant, within one year after arriving at the age of twenty years, may show cause against such order or judgment.

Legislative History

Source: R.S.1867, Code § 442, p. 467; R.S.1913, § 8010; C.S.1922, § 8951; C.S.1929, § 20-1317; R.S.1943, § 25-1317; Laws 1972, LB 1049, § 5. Annotations: Where infant, by guardian ad litem, unsuccessfully appealed from judgment against him, he cannot, after attaining his majority, open up judgment on ground of error in former proceedings. Foerster v. Helming, 105 Neb. 531, 181 N.W. 521 (1921). After period stated, minor is as conclusively bound as an adult. McCreary v. Creighton, 76 Neb. 179, 107 N.W. 240 (1906). Decree of strict foreclosure will not bar infant from showing cause against same. Stull v. Masilonka, 74 Neb. 322, 108 N.W. 166 (1906). Modifies chancery rules only as to form of decree; decree of sale of infant's lands is binding. Manfull v. Graham, 55 Neb. 645, 76 N.W. 19 (1898).