Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-304 (2026)

Parties to actions

✓ current as of July 2026
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An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining the person for whose benefit it is prosecuted. Officers may sue and be sued in such name as is authorized by law and official bonds may be sued upon the same way. Assignees of choses in action assigned for the purpose of collection may sue on any claim assigned in writing.

Notes of Decisions
Cited in 26 cases (3 in the last 5 years), 1946–2025 · leading case: W. Ethanol Co. v. Midwest Renewable Energy, 305 Neb. 1 (Neb. 2020).
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W. Ethanol Co. v. Midwest Renewable Energy, 305 Neb. 1 (Neb. 2020). · cites it 5× “An assignee can establish standing to bring an action in its own name, and thus show the court had subject matter jurisdiction, if it proves by a pre- ponderance of the evidence the existence of a written assignment under Neb. Rev. Stat. § 25-304 (Reissue 2016). 12.”
Orr v. Knowles, 337 N.W.2d 699 (Neb. 1983). · cites it 5× “” Neb. Rev. Stat. § 25-304 (Reissue 1979) provides: “An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without…”
Archer v. Musick, 25 N.W.2d 908 (Neb. 1947). · cites it 8× “Section 25-301 provides: “Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section 25-304.” Section 25-304 provides: “An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name…”
Redding v. Gibbs, 280 N.W.2d 53 (Neb. 1979). · cites it 6× “We first address Redding’s contention that he was the real party in interest and should have been al *733 lowed to maintain the foreclosure suit. Section 25-301, R.”
State on Behalf of Hopkins v. Batt, 573 N.W.2d 425 (Neb. 1998). · cites it 3× “Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in Neb. Rev. Stat. § 25-304 (Reissue 1995). Misle v.”
Exch. Elevator Co. v. Marshall, 22 N.W.2d 403 (Neb. 1946). · cites it 6× “1943, provides that “Every action must be prosecuted in the name of the real party in interest * * *,” except as provided in section 25-304, R. S. 1943. However, section 25-322, R.”
Hawley v. Skradski, 304 Neb. 488 (Neb. 2019). · cites it 15× “§ 25-301 (Reissue 2016) establishes an absolute requirement that all actions be brought in the name of the real party in interest, and the only allowable exceptions to this rule are set forth in Neb. Rev. Stat. § 25-304 (Reissue 2016). 9.”
McNish v. Gen. Credit Corp., 83 N.W.2d 1 (Neb. 1957). · cites it 6× “” We shall, however, for the purpose of discussing the facts relating thereto', consider this question.”
Henderson State Co. v. Garrelts, 319 Neb. 485 (Neb. 2025). · cites it 5× “An assignee can establish standing to bring an action in its own name, and thus show the court had subject matter jurisdiction, if it proves by the greater weight of the evidence the existence of a written assignment under Neb. Rev. Stat. § 25-304 (Reissue 2016). 12.”
Brown v. Globe Labs., Inc., 84 N.W.2d 151 (Neb. 1957). · cites it 4× “1943, provides it shall be, except as otherwise provided by section 25-304, R. R. S. 1943. In this respect the trial court, by its instruction No.”
Chiles, Heider & Co. v. Pawnee Meadows, Inc., 350 N.W.2d 1 (Neb. 1984). · cites it 3× “Neb. Rev. Stat. § 25-304 (Reissue 1979) provides that “a person with whom or in whose name a contract is made for the benefit of another .”
Zapata v. McHugh, 296 Neb. 216 (Neb. 2017). · cites it 2× “3 While the district court noted that in this case, Zapata did not list Coljo as a party, it found that such fact was not deci- sive, stating: “[Zapata] may not escape the fact that what he is attempting to litigate is not his claim.”
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