Nebraska § 25-1505 Stay of execution; maximum period

Nebraska Statutes

§ 25-1505 — Stay of execution; maximum period

Nebraska § 25-1505

Ch. 25Courts; Civil Procedure

This text of Nebraska § 25-1505 (Stay of execution; maximum period) 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. § 25-1505 (2026).

Text

No stay of execution or order of sale upon any judgment or decree shall be granted for a longer time than nine months after the entry of such judgment or decree.

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Legislative History

Source: Laws 1875, § 1, p. 49; R.S.1913, § 8046; C.S.1922, § 8987; C.S.1929, § 20-1505; R.S.1943, § 25-1505; Laws 1999, LB 43, § 5. Annotations: Legislature had in mind the matter of stays of execution on judgments and decrees where the ultimate purpose was the recovery of money only, and not payments for child support in divorce decree. Wassung v. Wassung, 136 Neb. 440, 286 N.W. 340 (1939). Where defendants avail themselves of the statutory stay of execution, they are estopped from attacking such judgment in any way. Bowman v. Caldwell, 135 Neb. 554, 283 N.W. 194 (1939). Divorced wife may continue to claim homestead interest. Federal Credit Co. v. Reynolds, 132 Neb. 495, 272 N.W. 397 (1937). Taking stay is an appearance, and waives all prior defects or error. Party is estopped to attack judgment. Franse v. Armbuster, 28 Neb. 467, 44 N.W. 481 (1890); Miller v. Hyers, 11 Neb. 474, 9 N.W. 645 (1881). Mortgage debtor has right to nine months stay. Rafert v. Federal Farm Mortgage Corporation, 152 F.2d 193 (8th Cir. 1945).