2014 Nebraska Revised Statutes
Chapter 25 - COURTS; CIVIL PROCEDURE
25-1037 - Several attachments; same property; reference.
25-1037. Several attachments; same property; reference.
Where several attachments are executed on the same property, or the same persons are made garnishees, the court, on the motion of any of the plaintiffs, may order a reference to ascertain and report the amounts and priorities of the several attachments.
Source
- R.S.1867, Code § 232, p. 432;
R.S.1913, § 7766;
C.S.1922, § 8710;
C.S.1929, § 20-1037;
R.S.1943, § 25-1037.
Annotations
Mere fact that party claims to be owner of attached property does not give him right to intervene in attachment suit and thus have question of his ownership determined in such suit. Geis v. Geis, 125 Neb. 394, 250 N.W. 252 (1933).
Second attaching creditor may intervene to try priority of liens. Deere, Wells & Co. v. Eagle Mfg. Co., 49 Neb. 385, 68 N.W. 504 (1896).
Court has authority to adjudicate priorities between attaching creditors. State ex rel. Austrian, Wise & Co. v. Duncan, 37 Neb. 631, 56 N.W. 214 (1893).
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