(1) The judge to whom the affidavit described in section 25-1002 is presented shall determine the amount of an undertaking the plaintiff shall be required to file. The judge shall also approve the sufficiency of one or more sureties of the plaintiff, unless the plaintiff presents, by affidavit or otherwise, specific facts demonstrating that no sureties are necessary to protect the defendant from loss.
(2) In determining the amount of the bond described in subsection (1) of this section, the judge shall be guided by the amount of probable damage that will be suffered by the defendant if his or her property is wrongfully attached. In estimating the probable damage the defendant would suffer, the judge shall consider all the circumstances presented to him or her in the plaintiff's affidavits, including the value of any of the defendant's property described therein.
(3) After determining the amount of the plaintiff's undertaking, along with necessary sureties, the judge shall, if an order of attachment is otherwise proper under section 25-1002, direct the clerk to issue, after the necessary bond is filed, an order of attachment in an amount determined by the judge to approximate the amount of the claim and the costs of the action including the costs of the attachment.
Notes of Decisions
VonSeggern v. Willman, 508 N.W.2d 261 (Neb. 1993).
· cites it 8× “On June 28, VonSeggern moved for summary judgment against Williams, asserting that her attachment lien was invalid for the reason that no bond was paid pursuant to Neb. Rev. Stat. § 25-1003 (Reissue 1989).”
Sassone v. Lepore, 629 A.2d 357 (Conn. 1993).
“, Neb. Rev. Stat. § 25-1003 (1989); N.J. Stat.”
Ins. Co. of North Am. v. Maxim's of Nebraska, 132 N.W.2d 885 (Neb. 1965).
· cites it 12× “The plaintiff filed no bond to protect against wrongful attachment as required *275 by section 25-1003, R. R. S. 1943. Plaintiff says that no bond is required because section 25-1010, R.”
Andrews v. Schram, 562 N.W.2d 50 (Neb. 1997).
“§ 25-1001 requires that one of eight specific exigent circumstances exist before property may be attached or garnished, § 25-1002 requires that a judge find reasonable cause exists to attach the property based on fact-specific affidavits submitted at the hearing, § 25-1003…”
Woodring v. Jennings State Bank, 603 F. Supp. 1060 (D. Neb. 1985).
· cites it 2× “Neb.Rev.Stat. § 25-1003 (Cum.Supp. 1984) requires the judge “to determine the amount of the undertaking the plaintiff *1068 shall be required to file,” taking into account the “probable damage that will be suffered by the defendant if his or her property is wrongfully attached”…”
Carlson v. Schroeder, 82 N.W.2d 416 (Neb. 1957).
· cites it 2× “Section 25-1003, R. R. S. 1943, provides in part that: “* * * the plaintiff shall pay the defendant all damages which he may sustain by reason of the attachment if the order be wrongfully obtained.”
Schreiner v. Irby Constr. Co., 166 N.W.2d 121 (Neb. 1969).
· cites it 6× “1943, which covers only earnings of officers and employees; and (2) is the waiver of bond provision of section 25-1003, R. R. S. 1943, applicable to a foreign corporation with a certificate of authority to do business in Nebraska? We determine that O.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.