When a decree is rendered in a suit in which a receiver has been appointed and such decree does not finally determine the rights of the parties, any one of them may apply to the court for the possession of the property and proceeds thereof in the receiver's hands. If such application is resisted, the matter may be referred to a master to take and report to the court the testimony of the parties. Upon the filing of the report, the court shall, by its order, award the possession of the property and the proceeds thereof to the party entitled thereto, and thereupon the receiver shall surrender the property and the proceeds thereof to such party. All orders appointing receivers, giving them further directions, and disposing of the property may be appealed to the Court of Appeals in the same manner as final orders and decrees.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1962–2025 · leading case:
Priesner v. Starry, 912 N.W.2d 249 (Neb. 2018).
Priesner v. Starry, 912 N.W.2d 249 (Neb. 2018).
· cites it 11× “" However, Neb. Rev. Stat. § 25-1090 (Reissue 2016) more specifically addresses orders appointing receivers, giving them further directions, and disposing of property.”
Nebraska Nutrients, Inc. v. Shepherd, 626 N.W.2d 472 (Neb. 2001).
· cites it 3× “2d 616, 621 (1989), in which we held pursuant to Neb. Rev. Stat. § 25-1090 (Reissue 1995) that “[t]he appointment of a receiver may be treated as a final order.”
Fed. Land Bank of Omaha v. Victor, 440 N.W.2d 667 (Neb. 1989).
· cites it 2× “See Neb. Rev. Stat. § 25-1090 (Reissue 1985) (appointment of receiver: appealable order).”
Lewis v. Gallemore, 113 N.W.2d 595 (Neb. 1962).
“The order of April 12, 1961, confirming the sale of the radio station to the highest bidder and directing the receiver to convey the radio station to the purchaser upon approval by the Federal.”
Schreiber Bros. Hog Co. v. Schreiber, 980 N.W.2d 890 (Neb. 2022).
· cites it 2× “Section 25-1902 currently recognizes four categories of final orders. In our view, however, the order denying the motion for further directions could fit into only one such category: those orders “affecting a substantial right made during a special proceeding.”
Sutton v. Killham, 285 Neb. 1 (Neb. Ct. App. 2014).
· cites it 10× “Nevertheless, we determined that we had appellate jurisdiction under Neb. Rev. Stat. § 25-1090 (Reissue 2008), which provides, in part, “All orders appoint ing receivers, giving them further directions, and disposing of the property may be appealed to the Court of Appeals in…”
Priesner v. Starry, 300 Neb. 81 (Neb. 2018).
· cites it 12× “” However, Neb. Rev. Stat. § 25-1090 (Reissue 2016) more specifically addresses orders appointing receivers, giving them further directions, and dis- posing of property.”
Kellogg v. Mathiesen, 26 N.W.3d 651 (Neb. 2025).
· cites it 2× “We find no support for his argument in the LLC Act. The LLC Act defines key terms. A “[t]ransferable interest means the right, as originally associated with a person’s capacity as a member, to receive distributions from a[n LLC] in accordance with the operating agreement,…”
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.