§ 25-1908 — Proceedings in error; stay of execution; supersedeas bond; approval; endorsement

Nebraska § 25-1908

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

Text

Before the written undertaking mentioned in section 25-1907 shall operate to stay execution of the judgment or order, a petition in error must be filed in the district court, and the execution of the undertaking, and the sufficiency of the sureties must be approved by the judge or clerk of the court in which the judgment was rendered or order made. The judge or clerk of the court shall endorse approval upon the undertaking. The undertaking shall be filed in the court in which the judgment was rendered or order made.

Legislative History

Source: R.S.1867, Code § 590, p. 498; G.S.1873, c. 57, § 590, p. 630; R.S.1913, § 8182; C.S.1922, § 9134; C.S.1929, § 20-1908; R.S.1943, § 25-1908; Laws 1951, c. 71, § 2, p. 227; Laws 1972, LB 1032, § 139. Annotations: Supersedeas bond may be filed in district court in proceedings in error from county court to district court. In re Berg's Estate, 139 Neb. 99, 296 N.W. 460 (1941). Trial court has jurisdiction to vacate or set aside supersedeas bond where surety is insufficient. Bates & Co. v. Stanley, 51 Neb. 252, 70 N.W. 972 (1897). Bond does not stay judgment until petition in error is filed. Von Dorn v. Mengedoht, 41 Neb. 525, 59 N.W. 800 (1894). Filing of petition in error is a condition of supersedeas. McDonald v. Bowman, 40 Neb. 269, 58 N.W. 704 (1894). An appeal from a special assessment by a metropolitan‑class city taken as specified in section 14‑813 means that proceedings from a district court shall be the same as an appeal from a county board, and under this section, that means appeal is taken by petition in error and the review is solely of the record made before the tribunal whose action is being reviewed. Jackson v. Board of Equal. of City of Omaha, 10 Neb. App. 330, 630 N.W.2d 680 (2001).