The order of attachment shall be executed by the sheriff without delay. He shall go to the place where defendant's property may be found, and there, in the presence of two residents of the county, declare that by virtue of said order he attaches said property at the suit of such plaintiff; and the officer, with the said residents, who shall be first sworn or affirmed by the officer, shall make a true inventory and appraisement of all the property attached, which shall be signed by the officer and residents and returned with the order. Where the property attached is real property, the officer shall leave with the occupant thereof, or, if there be no occupant, in a conspicuous place thereon, a copy of the order. Where it is personal property, and accessible, he shall take the same into his custody, and hold it subject to the order of the court.
Notes of Decisions
Woodring v. Jennings State Bank, 603 F. Supp. 1060 (D. Neb. 1985).
· cites it 2× “Neb.Rev.Stat. § 25-1008 (Reissue 1979). Thus, the owner is dispossessed of the personal property and may bring a conversion action for wrongful interference with her possessory interest, but her possessory interest in real property is not disturbed, although the attachment lien…”
Carlson v. Schroeder, 82 N.W.2d 416 (Neb. 1957).
· cites it 4× “This motion was predicated on section 25-1008, R. R. S. 1943. The petition further alleged that the attachment be dissolved for the reason that the execution of the order of attachment by the sheriff was not made in the presence of two residents of the county as required by said…”
Shoaff v. Gage, 163 F. Supp. 179 (D. Neb. 1958).
· cites it 2× “The Court believes that the fact that the Order of Attachment was not returned physically to the court file as provided in Section 25-1008, should not, and does not, defeat the Court’s jurisdiction.”
State v. Griess, 651 N.W.2d 859 (Neb. Ct. App. 2002).
· cites it 2× “§ 25-1008 (Reissue 1995), which, in summary, provides that a writ of attachment shall be executed by a sheriff without delay and that the sheriff shall go where the defendant’s property may be found, make an inventory of it, and take the same into custody.”
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