When a judgment or final order is reversed either in whole or in part in the Court of Appeals or Supreme Court, the appellate court shall proceed to render such judgment as the court below should have rendered or remand the cause to the court below for such judgment. The appellate court shall not issue execution in causes that are removed to it on error on which it pronounced judgment but shall send a special mandate to the court below, as the case may require, to award execution thereupon. The court to which such special mandate is sent shall proceed in such case in the same manner as if such judgment or final order had been rendered therein, and on motion and good cause shown, it may suspend any execution made returnable before it by order of the appellate court in the same manner as if such execution had been issued from its own court, but such power shall not extend further than to stay proceedings until the matter can be further heard by the appellate court.
Notes of Decisions
Cited in
4
cases, 1945–2020 · leading case:
Fick v. Herman, 72 N.W.2d 598 (Neb. 1955).
Fick v. Herman, 72 N.W.2d 598 (Neb. 1955).
· cites it 4× “’ Section 594 of the code (now section 25-1926, R. R. S. 1943) provides in part: ‘When a judgment or final order shall be reversed either in whole or in part in the supreme court, the court reversing the same shall proceed to render such judgment as the court below should have…”
Ramaekers, McPherron & Skiles, P.C. v. Viola H., 549 N.W.2d 662 (Neb. Ct. App. 1996).
· cites it 2× “Neb. Rev. Stat. § 25-1926 (Reissue 1995) provides in part: “When a judgment or final order is reversed either in whole or in part in the Court of Appeals or Supreme Court, the appellate court shall proceed to render such judgment as the court below should have rendered or remand…”
Crow v. Chelli, No. A-19-264 (Neb. Ct. App. Feb. 11, 2020).
· cites it 2× “2d 334 (1959) (mandate is order issued upon decision of appeal or writ of error, directing action to be taken or disposition to be made of case, by trial court); Neb. Rev. Stat. § 25-1926 (Reissue 2016) (concerning appeal, reversal of judgment, and mandate).”
Collett v. Frederiksen, 18 N.W.2d 68 (Neb. 1945).
· cites it 4× “Under section 594 of the code (now section 25-1926, R. S. 1943) which provides that, when a judgment or final order shall be reversed either in whole or in part in the supreme court, the court reversing the same shall proceed to render *917 such judgment as the court below…”
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