2019 Nebraska Revised Statutes
Chapter 25 - COURTS; CIVIL PROCEDURE
25-21,234 Forcible entry and detainer; appeal; operate as supersedeas, when; bond or surety required.
25-21,234. Forcible entry and detainer; appeal; operate as supersedeas, when; bond or surety required.
No appeal shall operate as a supersedeas unless the appellant, within thirty days after the entry of the judgment, deposits with the clerk of the court in which the judgment was entered a cash bond or undertaking with at least one good and sufficient surety approved by the court conditioned in case of appeal by the plaintiff that he or she will satisfy the final judgment and costs and, in case of appeal by the defendant, that he or she will satisfy the final judgment and costs and will pay a reasonable rent for the premises during the time he or she shall have unlawfully withheld the same.
Source
- Laws 1929, c. 82, § 132, p. 313;
- C.S.1929, § 22-1216;
- R.S.1943, § 26-1,133;
- Laws 1972, LB 1032, § 83;
- Laws 1981, LB 42, § 14;
- Laws 1984, LB 13, § 28;
- R.S.1943, (1985), § 24-583;
- Laws 1999, LB 43, § 13;
- Laws 2004, LB 1207, § 14.
Annotations
Trial court had no obligation, under statute permitting correction of clerical mistakes in judgments, to set supersedeas bond pending borrower's appeal from order entered in forcible entry and detainer action, so as to prevent issuance of writ of restitution pending borrower's appeal from judgment entered in forcible entry and detainer action brought by lender who purchased property at trustees' sale after borrower defaulted on deed of trust; rather, it was borrower who should have posted supersedeas bond to prevent writ of restitution from being issued pending appeal. Enterprise Bank v. Knight, 20 Neb. App. 662, 832 N.W.2d 25 (2013).
