Nebraska § 25-327 Substitution; plaintiff in execution for sheriff or other officer

Nebraska Statutes

§ 25-327 — Substitution; plaintiff in execution for sheriff or other officer

Nebraska § 25-327

Ch. 25Courts; Civil Procedure

This text of Nebraska § 25-327 (Substitution; plaintiff in execution for sheriff or other officer) 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. § 25-327 (2026).

Text

In an action against a sheriff or other officer for the recovery of property taken under an execution, and replevied by the plaintiff in such action, the court may, upon application of the defendant and of the party in whose favor the execution issued, permit the latter to be substituted as the defendant, security for the costs being given.

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Legislative History

Source: R.S.1867, Code § 50, p. 400; R.S.1913, § 7608; C.S.1922, § 8551; C.S.1929, § 20-327; R.S.1943, § 25-327. Annotations: When garnishee answers that he has money belonging to judgment debtor, one may intervene who claims money and who is not a party to proceedings, and contest right of plaintiff. Farrington v. Fleming Comm. Co., 94 Neb. 108, 142 N.W. 297 (1913). Court cannot order substitution after final judgment. Hicklin v. Nebraska City National Bank, 8 Neb. 463, 1 N.W. 135 (1879).