Referee or referees; appointment; duty.

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25-2180. Referee or referees; appointment; duty.

Upon entering such judgment the court shall appoint a referee or referees, not exceeding three in number, to make partition into the requisite number of shares.

Source

  • R.S.1867, Code § 812, p. 539;
  • Laws 1905, c. 178, § 1, p. 671;
  • R.S.1913, § 8295;
  • C.S.1922, § 9248;
  • C.S.1929, § 20-2180;
  • R.S.1943, § 25-2180.

Annotations

  • Under this section, the court is required to appoint at least one referee. In re Estate of McKillip, 284 Neb. 367, 820 N.W.2d 868 (2012).

  • Referee in partition is an officer of the court. Knouse v. Knouse, 157 Neb. 748, 61 N.W.2d 388 (1953).

  • Referee in partition is an officer of the court subject to its lawful orders and directions. Siekert v. Soester, 144 Neb. 321, 13 N.W.2d 139 (1944).

  • Referees in first instance determine practicability of partition. Burke v. Cunningham, 42 Neb. 645, 60 N.W. 903 (1894).

  • Court may also appoint referee to make accounting. Mills v. Miller, 3 Neb. 87 (1873).


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