The sheriff, or other officer, shall not deliver to the plaintiff, his agent or attorney, the property so taken, until there has been executed by one or more sufficient sureties of the plaintiff a written undertaking to the defendant, in at least double the value of the property taken, to the effect that the plaintiff shall duly prosecute the action and pay all costs and damages which may be awarded against him, and return the property to the defendant, in case judgment for a return of such property is rendered against him. The undertaking shall be returned with the order. If, before the actual delivery to the plaintiff, the defendant executes within twenty-four hours from the time of the levy, by one or more sufficient sureties a written undertaking to the plaintiff, in at least double the value of the property, to the effect that the defendant shall duly defend the action and pay all costs and damages which may be awarded against him, and deliver the property to the plaintiff, in case judgment for delivery of such property is rendered against him, the undertaking shall be returned with the order by the officer, who shall return the property to the defendant.
Neb. Rev. Stat. § 25-1098
Delivery of property to plaintiff; bond; contents; return; redelivery bond
Applied in 3 court decisions — leading case Barelmann v. Fox (1992)
Most recently applied in Jacob v. Schlichtman (February 2001)
R.S.1867, Code § 186, p. 422; G.S.1873, c. 57, § 186, p. 553; R.S.1913, § 7827; C.S.1922, § 8771; C.S.1929, § 20-1098; R.S.1943, § 25-1098; Laws 1965, c. 119, § 1, p. 452.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.