§ 76-716 — Appeal; bond; conditions

Nebraska § 76-716

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

The party appealing shall also, at the time of filing of notice of appeal, enter into an undertaking, with at least one good and sufficient surety, to be approved by the county judge conditioned (1) that the appellant will prosecute such appeal to effect without unnecessary delays, and (2) that if judgment be rendered against appellant on the appeal, the appellant will satisfy whatever judgment may be rendered against him.

Legislative History

Source: Laws 1951, c. 101, § 16, p. 456. Annotations: Case involving this section held inapplicable in matter dealing with failure to mail copies of published notice in probate. Fischer v. Lingle, 195 Neb. 108, 237 N.W.2d 110 (1975). The execution and approval of undertaking required hereby is directory only and cited cases to the contrary are overruled. Neumeyer v. Omaha Public Power Dist., 188 Neb. 516, 198 N.W.2d 80 (1972). Party appealing from award of appraisers in eminent domain proceeding is required to enter into specified undertaking. Radil v. State, 182 Neb. 291, 154 N.W.2d 466 (1967). Party taking cross-appeal must file an appeal bond. Gebhart v. Tri-State Generation & Transmission Assn., 181 Neb. 457, 149 N.W.2d 41 (1967). This section provides the procedure upon appeal for determination of value of improvements on school land upon expiration of lease. O'Neil v. Haarberg, 179 Neb. 531, 139 N.W.2d 217 (1966). Defective appeal bond which was filed in time conferred jurisdiction and was subject to amendment. Jacobitz v. Bussinger, 179 Neb. 524, 138 N.W.2d 839 (1965). Not applicable to appeals taken before act became effective. Rath v. Sanitary District No. One, 156 Neb. 444, 56 N.W.2d 741 (1953).