When the plaintiff is ignorant of the name of the defendant, such defendant may be designated in any pleading or proceeding by any name, or any name and description, followed by the words, "real name unknown". In any such case the person intended shall thereupon be regarded as a defendant in such action or proceeding and as sufficiently identified therein for all purposes, including service of summons or constructive service when authorized and as prescribed in Chapter 25. In any action wherein it is alleged in the complaint or other pleading that there are persons who have or that there are persons who claim or appear to have some interest in, right or title to, or lien upon any real or personal property within this state involved in such action, and that the ownership of, interest in, rights or title to, or lien upon such property of such persons, does not appear of record, in or by their respective names, in the county wherein such property is situated, and that the plaintiff or person in whose behalf such allegations are made, after diligent investigation and inquiry, is unable to ascertain and does not know the names or whereabouts if in this state, or the residence of such persons, such action may proceed against all such persons designated as "all persons having or claiming any interest in" such property which shall be accurately and definitely described, followed by the words, "real names unknown".
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1952–2024 · leading case:
Pestal v. Malone, 750 N.W.2d 350 (Neb. 2008).
Pestal v. Malone, 750 N.W.2d 350 (Neb. 2008).
· cites it 2× “Compare Neb.Rev.Stat. § 25-321 (Cum. Supp.2006) (providing that when names of persons having interest in real estate do not appear of record, plaintiff may in complaint designate such persons as "`all persons having or claiming any interest in'" such real estate, followed by…”
Holmstedt v. York Cnty. Jail Supervisor, 745 N.W.2d 317 (Neb. 2008).
· cites it 2× “With respect to the defendant "York County Jail Supervisor," the Court of Appeals noted that Neb. Rev.Stat. § 25-321. (Cum.Supp.2006) allows a plaintiff to designate a defendant by description when a name is unknown.”
Thomas v. Flynn, 100 N.W.2d 37 (Neb. 1959).
· cites it 8× “In this regard appellant states in his brief as follows: “By the provisions of Section 25-321, R. R. S. 1943, the proof of service of publication, in accord with Sections 25-517 and 25-518, R.”
Durfee v. Keiffer, 95 N.W.2d 618 (Neb. 1959).
· cites it 5× “Defendant’s claim rests upon that part of section 25-321, R. R. S. 1943, regarding service upon unknown defendants which provides: “Judgments and decrees against persons so designated and made defendants and served by publication as herein provided shall be conclusive as against…”
Holmstedt v. York Cnty. Jail Supervisor, 739 N.W.2d 449 (Neb. Ct. App. 2007).
· cites it 2× “As to the defendant “York County Jail Supervisor,” we observe that Neb. Rev. Stat. § 25-321 (Cum. Supp. 2006) authorizes a plaintiff to designate a defendant by “any name and description, followed by the words, ‘real name unknown.”
Jurgensen v. Ainscow, 53 N.W.2d 196 (Neb. 1952).
· cites it 3× “Sections 25-321 and 25-517, R. R. S. 1943, and section 25-518, R.”
Mehner v. Doe (Neb. Ct. App. 2024).
· cites it 4× “We note that this determination is made in distinction from Neb. Rev. Stat. § 25-321 (Cum. Supp. 2006), which allows a plaintiff to designate a defendant by any name or description if followed by the words, “real name unknown.”
Yellow Bird v. Barnes, 82 F.R.D. 738 (D. Neb. 1979).
· cites it 2× “Neb. Rev.Stat. § 25-321 (Reissue 1975) allows the designation of unknown defendants.”
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