No suit shall be instituted on the undertaking given under section 25-1098 before an execution issued on a judgment in favor of the plaintiff or defendant in the action shall have been returned, that sufficient property whereon to levy and make the amount of such judgment cannot be found in the county.

Source

  • R.S.1867, Code § 196, p. 424;
  • R.S.1913, § 7836;
  • C.S.1922, § 8782;
  • C.S.1929, § 20-10,109;
  • R.S.1943, § 25-10,109;
  • Laws 1972, LB 1049, § 4.

Terms Used In Nebraska Statutes 25-10,109

  • Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • 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.