§ 54-405 — Distraint; arbitrators; number; powers

In case the parties interested cannot agree as to the amount of damages and costs sustained, each party may choose a man, and, in case the two men chosen cannot agree, they shall choose a third man, and, after being duly sworn for the purpose herein named, the three shall proceed to assess the damages, possessing for that purpose the general power of arbitrators.

Legislative History

Source: Laws 1871, § 5, p. 121; R.S.1913, § 113; C.S.1922, § 121; C.S.1929, § 54-405; R.S.1943, § 54-405. Cross References: Uniform Arbitration Act, applicability, see section 25-2602.01. Annotations: Provisions of this section are not compulsory upon either party. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903). Arbitrators' award is not a bar to action for negligence of distrainor. Richardson v. Halstead, 44 Neb. 606, 62 N.W. 1077 (1895). Purpose of law is that taker-up of stock shall have a lien for only such damages as could be ascertained by arbitrators to be immediately appointed. Deirks v. Wielage, 18 Neb. 176, 24 N.W. 728 (1885).