§ 25-1098 Delivery of property to plaintiff; bond; contents; return; redelivery bond

Codes > Nebraska Revised Statutes > Chapter 25 > Article 10 : (e) Replevin > 25-1098 Delivery

25-1098. Delivery of property to plaintiff; bond; contents; return; redelivery bond

    The sheriff, or other officer, shall not deliver to the plaintiff, his agent or attorney, the property so taken, until there has been
executed by one or more sufficient sureties of the plaintiff a written undertaking to the defendant, in at least double the value of the property taken, to the effect that the plaintiff shall duly prosecute the action and pay all costs and damages which may be awarded against him, and return the property to the defendant, in case judgment for a return of such property is rendered against him. The undertaking shall be returned with the order.

    If, before the actual delivery to the plaintiff, the defendant executes within twenty-four hours from the time of the levy, by one or more sufficient sureties a written undertaking to the plaintiff, in at least double the value of the property, to the effect that the defendant shall duly defend the action and pay all costs and damages which may be awarded against him, and deliver the property to the plaintiff, in case judgment for delivery of such property is rendered against him, the undertaking shall be returned with the order by the officer, who shall return the property to the defendant.