§ 25-1566 — Discovery of property of debtor; warrant for arrest; examination; undertaking; punishment for contempt

Nebraska § 25-1566

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

Text

Instead of the order requiring the attendance of the judgment debtor, as provided in section 25-1565 , the judge may, upon proof to his satisfaction by affidavit of the party or otherwise, that there is danger of the debtor leaving the state or concealing himself to avoid the examination herein mentioned, issue a warrant, requiring the sheriff to arrest him and bring him before such judge within the county in which the debtor may be arrested. Such warrant can be issued only by a county judge or a judge of the district court of the county in which such debtor resides or may be arrested. Upon being brought before the judge, he shall be examined on oath, and other witnesses may be examined on either side, and if on such examination it appears that there is danger of the debtor leaving the state, and that he has property which he unjustly refuses to apply to such judgment, he may be ordered to enter into an undertaking, in such sum as the judge may prescribe, with one or more sureties, that he will from time to time attend for examination before the judge or referee as shall be directed. In default of entering into such undertaking, he may be committed to the jail of the county by warrant of the judge, as for a contempt.

Legislative History

Source: R.S.1867, Code § 535, p. 487; R.S.1913, § 8114; C.S.1922, § 9050; C.S.1929, § 20-1568; R.S.1943, § 25-1566. Annotations: Intention to leave state alone is insufficient; but danger that citation will not be obeyed, is ground. Bank of Miller v. Richmon, 68 Neb. 731, 94 N.W. 998 (1903). Affidavit upon information and belief is insufficient. Clarke v. Nebraska Nat. Bank, 57 Neb. 314, 77 N.W. 805 (1899).