The plaintiff in any case pending in the district court or Supreme Court of the state, when no counterclaim or setoff has been filed by the opposite party, has the right in the vacation of any of such courts to dismiss such action without prejudice, upon payment of costs, which dismissal shall be, by the clerk of any of such courts, entered upon the record and take effect from and after the date thereof.

Source

  • Laws 1867, § 1, p. 51;
  • R.S.1913, § 7655;
  • C.S.1922, § 8599;
  • C.S.1929, § 20-602;
  • R.S.1943, § 25-602;
  • Laws 2018, LB193, § 9.

Terms Used In Nebraska Statutes 25-602

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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