§ 54-406 — Distraint; arbitration award; enforcement; appeal

The arbitrators shall make an award in writing, which, if not paid within five days after the award has been made, may be filed with the county court and shall operate as a judgment, which judgment shall be a lien upon the stock so distrained, and execution may issue upon such stock for the collection of such damages and costs as in other cases; Provided, either party may have an appeal from the judgment as in other cases in county court. The arbitrators shall be allowed two dollars each for their services.

Legislative History

Source: Laws 1871, § 6, p. 121; R.S.1913, § 114; C.S.1922, § 122; C.S.1929, § 54-406; R.S.1943, § 54-406; Laws 1972, LB 1032, § 260. Cross References: Uniform Arbitration Act, applicability, see section 25-2602.01. Annotations: Owner of stock, after tendering the proper amount of damages sustained, may replevin the stock. Randall v. Gross, 67 Neb. 255, 93 N.W. 223 (1903). Authority of arbitrators is merely to appraise damages and costs sustained by landowner. Richardson v. Halstead, 44 Neb. 606, 62 N.W. 1077 (1895). Judgment on award may be appealed from. Sections of civil code relating to arbitration are not applicable. Holub v. Mitchell, 42 Neb. 389, 60 N.W. 596 (1894).