Nebraska Revised Statutes
Neb. Rev. Stat. § 25-1031 (2026)
Garnishee; final judgment; when rendered; effect; discharge by delivery of property; costs
✓ current as of July 2026
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Final judgment shall not be rendered against the garnishee until the action against the defendant in the original action has been determined. If in such action judgment be rendered for the defendant, the garnishee shall be discharged and recover costs. If the plaintiff shall recover against the defendant in the original action, and the garnishee shall deliver up all the property, money, and credits of the defendant in his possession and pay all the money from him due as the court may order, the garnishee shall be discharged, and the costs of the proceedings against him shall be paid out of the property and money so surrendered, or as the court may think right and proper.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1948–2022 · leading case: W. Smelting & Refining Co. v. First Nat'l Bank, 35 N.W.2d 116 (Neb. 1948).
W. Smelting & Refining Co. v. First Nat'l Bank, 35 N.W.2d 116 (Neb. 1948). “Rather, in arriving at decision, we will give consideration only to such evidence as was competent and relevant to material elements hereinafter discussed.”
Florence Lake Investments v. Berg, 978 N.W.2d 308 (Neb. 2022). “§ 25-1031 (Reissue 2016) (“[f]inal judgment shall not be rendered against the garnishee until the action against the defendant in the original action has been determined”); Neb.”
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