Nebraska Statutes 25-1075. Injunction without notice; vacation; modification; notice
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If the injunction is granted without notice, the defendant, at any time before the trial, may apply, upon notice, to the court in which the action is brought or any judge thereof, to vacate or modify the same. The application may be made upon the complaint or petition and affidavits upon which the injunction is granted, or upon affidavits on the part of the party enjoined, with or without answer. The order of the judge allowing, dissolving, or modifying an injunction shall be returned to the office of the clerk of the court in which the action is brought and recorded and obeyed as if made by the court.
Source
- R.S.1867, Code § 263, p. 437;
- R.S.1913, § 7804;
- C.S.1922, § 8748;
- C.S.1929, § 20-1075;
- R.S.1943, § 25-1075;
- Laws 2002, LB 876, § 22.
Terms Used In Nebraska Statutes 25-1075
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.