Nebraska § 25-1509 Stay of execution; surety on stay bond excepted; no appeal after stay

Nebraska Statutes

§ 25-1509 — Stay of execution; surety on stay bond excepted; no appeal after stay

Nebraska·Ch. 25 Courts; Civil Procedure

No proceedings in errors or appeal shall be allowed after such stay has been taken, nor shall a stay be taken on a judgment entered as herein contemplated, against one who is surety in the stay of execution.

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Legislative History

Source: Laws 1875, § 5, p. 50; R.S.1913, § 8050; C.S.1922, § 8991; C.S.1929, § 20-1509; R.S.1943, § 25-1509. Annotations: Taking of stay is a general appearance and a waiver of all prior errors in the proceedings. Ohio Nat. Life Ins. Co. v. Baxter, 139 Neb. 648, 298 N.W. 530 (1941). Party taking stay of order of sale in foreclosure proceedings cannot appeal hereunder. Carley v. Morgan, 123 Neb. 498, 243 N.W. 631 (1932). Request for stay inadvertently filed before decree entered of record in foreclosure action will not defeat appeal. Theisen v. Peterson, 114 Neb. 150, 211 N.W. 19 (1925). Taking stay of sale under decree of foreclosure is waiver of prior error. Ecklund v. Willis, 42 Neb. 737, 60 N.W. 1026 (1894).