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

Neb. Rev. Stat. § 25-313 (2026)

Company, partnership, or unincorporated association; designation

✓ current as of July 2026
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Any company or association of persons formed for the purpose of (1) carrying on any trade or business, (2) holding any species of property in this state, or (3) representing employees in collective bargaining with employers, and not incorporated, may sue and be sued by such usual name as such company, partnership or association may have assumed to itself or be known by. It shall not be necessary in such case to set forth in the process or pleadings or to prove at the trial the names of the persons composing such company.

Notes of Decisions
Cited in 10 cases, 1946–2004 · leading case: Niklaus v. Simmons, 196 F. Supp. 691 (D. Neb. 1961).
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Niklaus v. Simmons, 196 F. Supp. 691 (D. Neb. 1961). · cites it 6× “ntifies the constitutional rights, privileges and immunities, of which he was allegedly deprived, in this language: “(1) The vested right to practice law in the State of Nebraska, under license duly granted, without due process of law; ‘(2) The immunity from suit by an…”
Parker v. Parker, 681 N.W.2d 735 (Neb. 2004). · cites it 2× “Roger and Lisa as Association Beverly also contends that the district court erred in failing to determine that Roger and Lisa formed an association for the purpose of holding property under Neb. Rev. Stat. § 25-313 (Reissue 1995) and then used that association to perpetrate a…”
Horn's Crane Serv. v. Prior, 152 N.W.2d 421 (Neb. 1967). · cites it 2× “Writ of execution on a judgment against the firm itself is issued against partnership property. If the judgment is not satisfied, the creditor may file a bill in equity against the partners.”
Hurley v. Bhd. of R.R. Trainmen, 25 N.W.2d 29 (Neb. 1946). · cites it 2× “The defendant is not an unincorporated association “formed for the purpose of carrying on any trade or business, or for the purpose of holding any species of property in this state” within the purview of section 25-313. The purposes of the defendant are set out in the preamble…”
Toulousaine de Distrib. et de Servs. v. Tri-State Seed & Grain, 520 N.W.2d 210 (Neb. Ct. App. 1994). · cites it 2× “*943 Neb. Rev. Stat. § 25-313 (Reissue 1989) provides: Any company or association of persons formed for the purpose of (1) carrying on any trade or business .”
Diluzio v. United Elec., Radio & Mach. Wkrs. of Am., 435 N.E.2d 1027 (Mass. 1982). “§ 25-5-104 (1981); Neb. Rev. Stat. § 25-313 (1979); Nev. Rev.”
DiLuzio v. United Elec., Radio & Mach. Workers of Am., 435 N.E.2d 1027 (Mass. 1982). “§ 25-5-104 (1981); Neb. Rev. Stat. § 25-313 (1979); Nev. Rev.”
Nebraska Council of Educ. Leaders v. Nebraska State Dep't of Educ., 205 N.W.2d 537 (Neb. 1973). · cites it 8× “Section 25-313, R. R. S. 1943, authorizes an unincorporated association to represent employees in collective bargaining with employers, as well as to sue and be sued in the name of the association.”
Toulousaine De Dist. v. Tri-state Seed, 520 N.W.2d 210 (Neb. Ct. App. 1994). · cites it 2× “Neb.Rev.Stat. § 25-313 (Reissue 1989) provides: Any company or association of persons formed for the purpose of (1) carrying on any trade or business .”
Shoaff v. Gage, 168 F. Supp. 161 (D. Neb. 1958). “Neither the statutes of Nebraska nor Wyoming, which permit partnerships to sue in the firm name (Compare Wyoming Compiled Statutes § 3-619 with Nebraska Revised Statutes § 25-313) purport to deny any partner the right to sue on causes of action which accrued in the course of the…”
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