Nebraska Revised Statutes

Neb. Rev. Stat. § 25-304 (2026)

Parties to actions

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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, 938 N.W.2d 329 (Neb. 2020).
W. Ethanol Co. v. Midwest Renewable Energy, 938 N.W.2d 329 (Neb. 2020). · cites it 5× “Evidence: Records: Pleadings: Appeal and Error. An appellate record typically contains the bill of exceptions, used to present factual evidence to an appellate court, and the transcript, used to present pleadings and orders of the case to the appellate court.”
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 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, 935 N.W.2d 212 (Neb. 2019). · cites it 15× “Construed together, Neb. Rev. Stat. § 25-304 (Reissue 2016) and Neb.”
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.”
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, 893 N.W.2d 720 (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.”
SID No. 67 v. State, 961 N.W.2d 796 (Neb. 2021). · cites it 2× “Inverse condemnation is a common shorthand for a landowner’s suit to recover the value of property that has been taken or damaged by the State without the benefit of condemnation proceedings.”
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.