Nebraska Revised Statutes
Neb. Rev. Stat. § 24-315 (2026)
✓ current as of July 2026
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24-315.
Transferred to section 24-739.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1946–2025 · leading case: In Re Est. of Odineal, 368 N.W.2d 800 (Neb. 1985).
In Re Est. of Odineal, 368 N.W.2d 800 (Neb. 1985). “Neb. Rev. Stat. § 24-315 (Reissue 1979) enumerates the *175 grounds for the disqualification of a judge, none of which apply here.”
Deacon v. Deacon, 297 N.W.2d 757 (Neb. 1980). “Appellant claims that the trial judge should have disqualified himself and declared a mistrial. The basis for the request was that appellee’s attorney had sent to the court a personal letter received by him from the appellee.”
Zimmerer v. Prudential Ins. Co. of Am., 34 N.W.2d 750 (Neb. 1948). “Cattle by affinity within the fourth degree, being a brother-in-law, hence disqualified by the provisions of section 24-315, R. S. 1943, and thus all proceedings are void.”
State v. Gillette, 357 N.W.2d 472 (Neb. 1984). “Neb. Rev. Stat. § 24-315 (Reissue 1979) provides: A judge or justice is disqualified from acting as such in the county, district or Supreme Court, except by mutual consent of the parties, in any case wherein he or she is a party or interested, or where he or she is related to…”
Aguilar v. Valdez-Mendoza, 318 Neb. 402 (Neb. 2025). “In that context, we defined “affinity” as “the relationship which arises as a result of the marriage contract between one spouse and the blood relations of the other, in contradistinction from consanguinity or relation- ship by blood.”
Conkling v. De Lany, 91 N.W.2d 250 (Neb. 1958). “Section 24-315, R. R. S. 1943, provides, insofar as here material, that: “A judge or justice is disqualified from acting as such in the county, district or Supreme Court, except by mutual consent of the parties, in any case wherein he is * * * interested, * * We said in Chicago,…”
Spracklin v. Spracklin, 837 N.W.2d 826 (Neb. Ct. App. 2013). “§ 24-739 (Reissue 2008)), a statute which con- cerned when a trial judge was disqualified from presiding over Decisions of the Nebraska Court of Appeals 276 21 NEBRASKA APPELLATE REPORTS certain proceedings.”
State v. Dondlinger, 386 N.W.2d 866 (Neb. 1986). “Dondlinger does not contend that the district court judge was statutorily disqualified under Neb. Rev. Stat. § 24-315 (Reissue 1979), but maintains that the judge, “having taken a public position on [Dondlinger’s] activities, should have recused himself from participating in…”
Prudential Ins. Co. of Am. v. Zimmerer, 66 F. Supp. 492 (D. Neb. 1946). “Zimmerer, its then owner; and that the judge was, therefore, disqualified from acting in the case under the provisions of Section 24-315, R.S.Neb.1943. So far as it is material here, that section provides that: “A judge * * * is disqualified from acting as such in the * * *…”
Liberty Fin. Corp. v. Jones, 169 N.W.2d 289 (Neb. 1969). “The, basis for the request for disqualification was that Judge Burke, the trial judge, had been the judge in a previous divorce action involving the defendant.”
Farm Bureau Ins. v. Wozny, 294 N.W.2d 363 (Neb. 1980). “Neb. Rev. Stat. § 24-315 (Reissue 1979) provides, in pertinent part: “A judge or justice is disqualified from acting as such in the county, district or Supreme Court, except by mutual consent of the parties, in any case wherein he or she is a party or interested .”
State v. Rader, 393 N.W.2d 60 (Neb. 1986). “The statutory grounds for the disqualification of a judge are set out in Neb. Rev. Stat. § 24-315 (Reissue 1985). Defendant does not contend that Judge Cambridge is disqualified under any of the terms of that statute.”
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