Nebraska § 25-2204 Clerks of courts; writs and orders; issuance; praecipes

Nebraska Statutes

§ 25-2204 — Clerks of courts; writs and orders; issuance; praecipes

Nebraska § 25-2204

Ch. 25Courts; Civil Procedure

This text of Nebraska § 25-2204 (Clerks of courts; writs and orders; issuance; praecipes) 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. § 25-2204 (2026).

Text

All writs and orders for provisional remedies and process of every kind, shall be issued by the clerks of the several courts. Before they shall be issued a praecipe shall be filed with the clerk, demanding the same; which praecipe shall be for the direction of the clerk, and not material to the papers in the case after the issuing of such writ or process.

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Legislative History

Source: R.S.1867, Code § 883, p. 547; R.S.1913, § 8552; C.S.1922, § 9503; C.S.1929, § 20-2204; R.S.1943, § 25-2204. Annotations: In compensation case, where claimant filed notice of appeal with compensation commissioner and filed petition on appeal in district court, right of review attached, it became duty of clerk to issue summons without praecipe being filed. McIntosh v. Standard Oil Co., 121 Neb. 92, 236 N.W. 152 (1931). Writ of mandamus issued by judge is void. State ex rel. Hansen v. Carrico, 86 Neb. 448, 125 N.W. 1110 (1910). Clerk of district court may issue writ of commitment after sentence without special directions by court or judge. Rhodes v. Meyer, 225 F.Supp. 80 (D. Neb. 1963).