When the plaintiff is ignorant of the name of the defendant, such defendant may be designated in any pleading or proceeding by any name, or any name and description, followed by the words, “real name unknown”. In any such case the person intended shall thereupon be regarded as a defendant in such action or proceeding and as sufficiently identified therein for all purposes, including service of summons or constructive service when authorized and as prescribed in Chapter 25. In any action wherein it is alleged in the complaint or other pleading that there are persons who have or that there are persons who claim or appear to have some interest in, right or title to, or lien upon any real or personal property within this state involved in such action, and that the ownership of, interest in, rights or title to, or lien upon such property of such persons, does not appear of record, in or by their respective names, in the county wherein such property is situated, and that the plaintiff or person in whose behalf such allegations are made, after diligent investigation and inquiry, is unable to ascertain and does not know the names or whereabouts if in this state, or the residence of such persons, such action may proceed against all such persons designated as “all persons having or claiming any interest in” such property which shall be accurately and definitely described, followed by the words, “real names unknown”.

Source

  • R.S.1867, Code § 148, p. 416;
  • R.S.1913, § 7602;
  • Laws 1915, c. 142, § 1, p. 310;
  • Laws 1917, c. 138, § 1, p. 325;
  • Laws 1921, c. 226, § 1, p. 815;
  • C.S.1922, § 8545;
  • C.S.1929, § 20-321;
  • R.S.1943, § 25-321;
  • Laws 1983, LB 447, § 17;
  • Laws 2002, LB 876, § 7.

Terms Used In Nebraska Statutes 25-321

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
  • Summons: Another word for subpoena used by the criminal justice system.