After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action. Whereupon, if the plaintiff, being present, refuses to accept such confession of judgment in full of his demands against the defendant in the action, or, having had such notice that the offer would be made, of its amount and of the time of making it, as the court shall deem reasonable, fail to attend, and on the trial do not recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant incurred after the offer. The offer shall not be deemed to be an admission of the cause of action or amount to which the plaintiff is entitled, nor be given in evidence upon the trial.
Notes of Decisions
Pinnacle Enters. v. City of Papillion, 836 N.W.2d 588 (Neb. 2013).
· cites it 2× “Section 25-901 is applicable here, rather than § 25-906, because the offer to confess judgment did not come “in court” under § 25-906 but through an “offer in writing” under § 25-901.”
In Re Est. of Redpath, 402 N.W.2d 648 (Neb. 1987).
· cites it 2× “Neb. Rev. Stat. § 25-906 (Reissue 1985) provides as follows: After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action.”
James v. Hogan, 47 N.W.2d 847 (Neb. 1951).
· cites it 2× “§ 25-906, R. R. S. 1943; Hammang v. Chicago & N.”
Aflague v. Luger, 589 N.W.2d 177 (Neb. Ct. App. 1999).
· cites it 3× “Luger alleged that he was entitled to recover any costs incurred after November 13, 1995, the date his “offer to confess judgment” was filed, pursuant to Neb. Rev. Stat. § 25-906 (Reissue 1995). In an order filed March 4, 1997, the district court overruled Aflague’s motion for a…”
Kuhlman v. Farmers Union Co-Operative Ass'n, 42 N.W.2d 182 (Neb. 1950).
· cites it 2× “Defendant refers to section 25-906, R. R. S. 1943, providing that an offer to confess judgment shall not be deemed to be an admission of the cause of action or amount to which plaintiff is entitled, nor be given in evidence upon the trial.”
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