Except as provided by the Nebraska Probate Code and section 43-104.05 , the defense of an infant must be by a guardian for the suit, who may be appointed by the court in which the action is prosecuted, or by a judge thereof, or by a county judge. The appointment cannot be made until after service of the summons in the action as directed by this code.
Neb. Rev. Stat. § 25-309
Suit against infant; guardian for suit; when appointed; exception
Applied in 4 court decisions — leading case Gernstein v. Lake (2000)
Most recently applied in Gernstein v. Lake (May 2000)
R.S.1867, Code § 38, p. 399; R.S.1913, § 7590; C.S.1922, § 8533; C.S.1929, § 20-309; R.S.1943, § 25-309; Laws 1975, LB 481, § 12; Laws 2022, LB741, § 2.
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.