Order for delivery; how executed.

  1. Law
  2. Nebraska Revised Statutes
  3. Courts; Civil Procedure
  4. Order for delivery; how executed.

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25-1097. Order for delivery; how executed.

The sheriff shall execute the order of delivery by taking the property therein mentioned. He shall also deliver a copy of the order of delivery to the person charged with the unlawful detention of the property or leave such copy at his usual place of residence.

Source

  • R.S.1867, Code § 185, p. 422;
  • R.S.1913, § 7826;
  • C.S.1922, § 8770;
  • C.S.1929, § 20-1097;
  • R.S.1943, § 25-1097;
  • Laws 1973, LB 474, § 8.

Annotations

  • Cannot seize property in possession of third party claiming ownership in good faith. Singer Sewing Machine Co. v. Robertson, 87 Neb. 542, 127 N.W. 866 (1910).

  • Seizure on Sunday is void. Bryant v. State, 16 Neb. 651, 21 N.W. 406 (1884).

  • Leaving copy at usual place of business is insufficient. Aultman & Taylor Co. v. Steinan, 8 Neb. 109 (1879).

  • Failure to serve copy is mere irregularity. Baker v. Daily, 6 Neb. 464 (1877).


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