Nebraska Revised Statutes
Neb. Rev. Stat. § 23-101 (2026)
Counties; corporate name
✓ current as of July 2026
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Each county, established in this state according to the laws thereof, shall be a body politic and corporate, by the name and style of The county of ..............., and by that name may sue and be sued, plead and shall be impleaded, defend and be defended against, in any court having jurisdiction of the subject matter, either in law or equity, or other place where justice shall be administered.
Notes of Decisions
Cited in 21
cases (7 in the last 5 years), 1949–2024 · leading case: Holmstedt v. York Cnty. Jail Supervisor, 739 N.W.2d 449 (Neb. Ct. App. 2007).
Holmstedt v. York Cnty. Jail Supervisor, 739 N.W.2d 449 (Neb. Ct. App. 2007). “In its motion to dismiss, the York County Sheriff’s Department alleged that there is no individual or political subdivision or other legal entity which may be sued in that name. The complaint contains no allegation which would tend to support a finding that the York County…”
Sarpy Cnty. Pub. Employees Ass'n v. Cnty. of Sarpy, 370 N.W.2d 495 (Neb. 1985). “§ 23-103 (Reissue 1983), no other conclusion can be reached. The argument has some initial merit and appeal.”
Stadler v. Curtis Gas, Inc., 151 N.W.2d 915 (Neb. 1967). “Section 23-101, R.R.S. 1943, authorizes counties to "sue and be sued.”
Shepoka v. Knopik, 250 N.W.2d 619 (Neb. 1977). “To make Nance County a proper party defendant in this action it would be necessary to comply with the requirements of section 23-101, R. R. S. 1943, which provides: “Each county, established in this state according to the laws thereof, shall be a body politic and corporate, by…”
Winslow v. Smith, 672 F. Supp. 2d 949 (D. Neb. 2009). “Each county in Nebraska may sue and be sued in its own name, Neb.Rev.Stat. § 23-101, but the same is not true of county offices or departments.”
Stevenson v. Richardson Cnty., 9 F.R.D. 437 (D. Neb. 1949). “On May 9, 1949, immediately before the submission of oral argument upon the motion to dismiss, the defendant by leave of court added as a further ground for the motion the designation of the defendant as “Richardson County, Nebraska” in the face of the following language of…”
Parsons v. McCann, 138 F. Supp. 3d 1086 (D. Neb. 2015). “- § 23-101 (Westlaw 2015), but the same is not true of county offices or departments.”
Offutt Hous. Co. v. Cnty. of Sarpy, 70 N.W.2d 382 (Neb. 1955). “On the other hand, as provided in section 23-101, R. R„ S. 1943: “Each county, established in this state * * * shall be a body politic apd corporate * * * and by that name may sue and be sued, plead and shall be impleaded, defend and be defended against, in any court having…”
State Ex Rel. Lanman v. Bd. of Cty. Comm'rs of Dawson Cty., 763 N.W.2d 392 (Neb. 2009). “[17] Neb.Rev.Stat. § 23-101 (Reissue 2007). [18] Speer v.”
Cnty. of Boyd v. US Ecology, Inc., 858 F. Supp. 960 (D. Neb. 1994). “at § 23-101. According to the petition 5 filed in state court, Boyd County, Nebraska, “exercises its powers by and through the Boyd County Board of Supervisors established as a county government under their township organization.”
Jameson v. Plischke, 165 N.W.2d 373 (Neb. 1969). “Section 23-101, R. R. S. 1943, provides how the county may sue and be sued, and an action against the board of supervisors does not make the action one against the county within the ambit of that statute.”
Shaul v. Brenner, 637 N.W.2d 362 (Neb. Ct. App. 2001). “Neb. Rev. Stat. § 23-101 (Reissue 1997) provides: “Each county, established in this state according to the laws thereof, shall be a body politic and corporate .”
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