Debtors of judgment debtor; examination; notice.

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25-1569. Debtors of judgment debtor; examination; notice.

After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to him, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place, within the county in which such person or corporation may be served with the order to answer, and answer concerning the same. The judge may also, in his discretion, require notice of such proceeding to be given to any party in the action, in such manner as may seem to him proper.

Source

  • R.S.1867, Code § 538, p. 488;
  • R.S.1913, § 8117;
  • C.S.1922, § 9053;
  • C.S.1929, § 20-1571;
  • R.S.1943, § 25-1569.

Annotations

  • Notice is to be given in the manner which the court deems proper. Emerson-Brantingham Implement Co. v. Hallgren, 146 Neb. 530, 20 N.W.2d 501 (1945).

  • This section applies to garnishment proceedings after judgment and return of execution nulla bona. Mercer v. Armstrong, 98 Neb. 645, 154 N.W. 219 (1915).


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