(1) In all actions upon bills of exchange or promissory notes, or other written instruments, and in all actions described in subsection (2) of this section, it is sufficient to designate any defendant by the name or part of name by which he or she is designated in the instrument upon which action is brought, or by which he or she appears of record to have some interest, right, title, estate in or lien upon the property involved in such action or proceeding, and for all the purposes of such action or proceeding such name shall be considered the real name of such defendant.
(2) This section applies to (a) actions brought under section 25-401, 25-402, or 25-403 and (b) actions which relate to, or the subject of which is, real or personal property in this state, if the defendant has or claims a lien or interest, actual or contingent, in such property, or the relief demanded consists wholly or partially in excluding the defendant from any interest in such property, and such defendant is a nonresident of the state or is a foreign corporation.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 1994–2023 · leading case:
Capital One Bank v. Tafoya, 991 N.W.2d 306 (Neb. Ct. App. 2023).
Capital One Bank v. Tafoya, 991 N.W.2d 306 (Neb. Ct. App. 2023).
“” Furthermore, the Court of Appeals stated, [although] no cases could be found directly on point in Nebraska, other jurisdictions have held that so long as the defendant can be identified as the one against whom the judgment was rendered, he is as much bound by the judgment, and…”
Toulousaine de Distrib. et de Servs. v. Tri-State Seed & Grain, 520 N.W.2d 210 (Neb. Ct. App. 1994).
· cites it 2× “) Additionally, Neb. Rev. Stat. § 25-312 (Reissue 1989) provides that in an action on a written instrument, it is sufficient to designate the defendant “by the name or part of name by which he is designated in the instrument upon which action is brought.”
Toulousaine De Dist. v. Tri-state Seed, 520 N.W.2d 210 (Neb. Ct. App. 1994).
· cites it 2× “) Additionally, Neb.Rev.Stat. § 25-312 (Reissue 1989) provides that in an action on a written instrument, it is sufficient to designate the defendant "by the name or part of name by which he is designated in the instrument upon which action is brought.”
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treatment. Dots show Syfertize treatment of the citing case itself.