When the property claimed has not been taken, or has been returned to the defendant by the sheriff for want of the undertaking required by section 25-1098, the action may proceed as one for damages only, and the plaintiff shall be entitled to such damages as are right and proper; but if the property be returned for want of the undertaking required by such section, the plaintiff shall pay all costs made by taking the same.

Source

  • R.S.1867, Code § 193, p. 423;
  • R.S.1913, § 7835;
  • C.S.1922, § 8779;
  • C.S.1929, § 20-10,106;
  • R.S.1943, § 25-10,106.

Terms Used In Nebraska Statutes 25-10,106

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.