Stay of execution; surety on stay bond excepted; no appeal after stay.

  1. Law
  2. Nebraska Revised Statutes
  3. Courts; Civil Procedure
  4. Stay of execution; surety on stay bond excepted; no appeal after stay.

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25-1509. Stay of execution; surety on stay bond excepted; no appeal after stay.

No proceedings in errors or appeal shall be allowed after such stay has been taken, nor shall a stay be taken on a judgment entered as herein contemplated, against one who is surety in the stay of execution.

Source

  • Laws 1875, § 5, p. 50;
  • R.S.1913, § 8050;
  • C.S.1922, § 8991;
  • C.S.1929, § 20-1509;
  • R.S.1943, § 25-1509.

Annotations

  • Taking of stay is a general appearance and a waiver of all prior errors in the proceedings. Ohio Nat. Life Ins. Co. v. Baxter, 139 Neb. 648, 298 N.W. 530 (1941).

  • Party taking stay of order of sale in foreclosure proceedings cannot appeal hereunder. Carley v. Morgan, 123 Neb. 498, 243 N.W. 631 (1932).

  • Request for stay inadvertently filed before decree entered of record in foreclosure action will not defeat appeal. Theisen v. Peterson, 114 Neb. 150, 211 N.W. 19 (1925).

  • Taking stay of sale under decree of foreclosure is waiver of prior error. Ecklund v. Willis, 42 Neb. 737, 60 N.W. 1026 (1894).


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