§ 25-10,104 Judgment for defendant; irregularity in process or jurisdictional defect; restoration of status quo

Codes > Nebraska Revised Statutes > Chapter 25 > Article 10 : (e) Replevin > 25-10,104 Judgment

25-10,104. Judgment for defendant; irregularity in process or jurisdictional defect; restoration of status quo

    (1) The judgment in the cases mentioned in sections 25-10,102 and 25-10,103 shall be for a return of the property or the value thereof in case a return cannot be had, or the value of the possession of the same, and for damages for withholding said property and costs of suit.

    (2) In all instances wherein a trial of the merits of an action is prevented by reason of irregularity in process or for any
jurisdictional reason, the court upon a proper showing shall be empowered to place the parties in status quo by ordering a return of the property replevied. A defendant whose property has been replevied shall be entitled to seek such relief without submitting his person to the jurisdiction of the court.