§ 25-2222 — Sureties; affidavit of qualifications; effect

Nebraska § 25-2222

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

Text

Ministerial officers, whose duty it is to take security on undertakings, bonds and recognizances, provided by this code, shall require the person offered as surety to make an affidavit of his qualifications. The taking of such an affidavit shall not exempt any ministerial officer, or other officer acting in a ministerial capacity, from any liability to which he might otherwise be subject for taking insufficient surety.

Legislative History

Source: R.S.1867, Code § 894, p. 549; Laws 1905, c. 179, § 1, p. 672; R.S.1913, § 8571; C.S.1922, § 9522; Laws 1923, c. 112, § 1, p. 270; Laws 1927, c. 68, § 1, p. 231; C.S.1929, § 20-2223; R.S.1943, § 25-2222; Laws 1972, LB 1032, § 145. Annotations: Where county judge in probate matter approves appeal bond without required affidavit of qualification and justification of sureties, a surety on bond is estopped from alleging its invalidity, notwithstanding statute requires such affidavit. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), opinion vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936). Appeal bond to review judgment of county court in probate proceeding may be amended. In re Estate of Hoagland, 128 Neb. 219, 258 N.W. 538 (1935). Letters testamentary are not void or subject to collateral attack because sureties on executor's bond failed to make affidavit as to qualifications. In re Estate of Hoferer, 116 Neb. 254, 216 N.W. 826 (1927). Section is not applicable to sheriff taking recognizances under criminal code. Berrer v. Moorhead, 22 Neb. 687, 36 N.W. 118 (1888). Clerk taking insufficient security on stay of execution is liable. Brock v. Hopkins, 5 Neb. 231 (1876).