Unless the context is shown to intend otherwise, words and phrases in the statutes of Nebraska hereafter enacted are used in the following sense:
(1) Acquire when used in connection with a grant of power or property right to any person includes the purchase, grant, gift, devise, bequest, and obtaining by eminent domain;
(2) Action includes any proceeding in any court of this state;
(3) Attorney means attorney at law;
(4) Company includes any corporation, partnership, limited liability company, joint-stock company, joint venture, or association;
(5) Domestic when applied to corporations means all those created by authority of this state;
(6) Federal refers to the United States;
(7) Foreign when applied to corporations includes all those created by authority other than that of this state;
(8) Grantee includes every person to whom any estate or interest passes in or by any conveyance;
(9) Grantor includes every person from or by whom any estate or interest passes in or by any conveyance;
(10) Inhabitant shall be construed to mean a resident in the particular locality in reference to which that word is used;
(11) Land or real estate includes lands, tenements, and hereditaments and all rights thereto and interest therein other than a chattel interest;
(12) Magistrate includes judge of the county court and clerk magistrate;
(13) Military or veteran status means a person:
(a) Is serving active duty service in the armed forces of the United States, including any reserve component or the National Guard;
(b) Has served on such active duty and was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions); or
(c) Is a dependent, as defined in 50 U.S.C. 3911, of a person described in subdivision (13)(a) or (b) of this section;
(14) Month means calendar month;
(15) Oath includes affirmation in all cases in which an affirmation may be substituted for an oath;
(16) Peace officer includes sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests;
(17) Person includes bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations;
(18) Personal estate includes money, goods, chattels, claims, and evidences of debt;
(19) Process means a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings;
(20) Service animal has the same meaning as in 28 C.F.R. 36.104, as such regulation existed on January 1, 2008;
(21) State when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress;
(22) Sworn includes affirmed in all cases in which an affirmation may be substituted for an oath;
(23) The United States includes territories, outlying possessions, and the District of Columbia;
(24) Violate includes failure to comply with;
(25) Writ shall signify an order or citation in writing issued in the name of the state out of a court or by a judicial officer; and
(26) Year means calendar year.
Notes of Decisions
Cited in
32
cases (
6 in the last 5 years), 1956–2025 · leading case:
Wiseman v. Keller, 358 N.W.2d 768 (Neb. 1984).
Wiseman v. Keller, 358 N.W.2d 768 (Neb. 1984).
· cites it 10× “provides as follows: (1) Any person or company, as defined in section 49-801, except any political subdivision, who subjects or causes to be subjected any citizen of this state or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or…”
Geddes v. York Cnty., 729 N.W.2d 661 (Neb. 2007).
· cites it 2× “See, also, Neb. Rev. Stat. § 49-801 (13) (Reissue 2004).”
State v. Smith, 834 N.W.2d 799 (Neb. 2013).
· cites it 2× “Since August 27, 2011, is later than the date Smith’s judgments of conviction became final, the 1-year period in § 29-3001(4) began to run on August 27, 2011, and expired on August 27, 2012.”
State v. Tingle, 477 N.W.2d 544 (Neb. 1991).
· cites it 4× “02 (2) (Reissue 1989) provides that a peace officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed a misdemeanor, and the officer has reasonable cause to believe that such person either (a) will not be…”
Cnty. of Lancaster v. Cnty. of Custer, 985 N.W.2d 612 (Neb. 2023).
· cites it 2× “(c) Principles of Statutory Interpretation [9-11] The parties’ arguments require interpretation of stat- utes. Statutory language is to be given its plain and ordi- nary meaning, and an appellate court will not resort to inter- pretation to ascertain the meaning of statutory…”
Goolsby v. Anderson, 549 N.W.2d 153 (Neb. 1996).
· cites it 4× “It reads: (1) Any person or company, as defined in section 49-801, except any political subdivision, who subjects or causes to be subjected any citizen of this state or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities…”
State v. Connick, 557 N.W.2d 713 (Neb. Ct. App. 1997).
· cites it 8× “First, is the conservation officer a peace officer as defined in Neb. Rev. Stat. § 49-801 (Reissue 1993)? Second, was the arrest made within the conservation officer’s primary jurisdiction? Third, if not, was the arrest made within any exception to his primary jurisdiction? (a)…”
McKenna v. Julian, 763 N.W.2d 384 (Neb. 2009).
· cites it 2× “§ 20-148 (Reissue 2007), the Nebraska Legislature has created a cause of action similar to § 1983: (1) Any person or company, as defined in section 49-801, except any political subdivision, who subjects or causes to be subjected any citizen of this state or other person within…”
State v. Hirsch, 511 N.W.2d 69 (Neb. 1994).
· cites it 2× “Neb. Rev. Stat. § 49-801 (Reissue 1988). Considering the 3-year period of limitations as a period of 3 calendar years, and excluding the first day of the assaults alleged to have taken place sometime from August 25 to December 31, 1986, the statute of limitations expired at the…”
State v. Jones, 305 N.W.2d 355 (Neb. 1981).
· cites it 2× “2d 575 (1956); Neb. Rev. Stat. § 49-801 (13) (Reissue 1978).”
State v. Vazquez, 319 Neb. 192 (Neb. 2025).
· cites it 2× “21 See Neb. Rev. Stat. § 49-801 (15) (Reissue 2021).”
— Neb. Rev. Stat. § 49-801(13) — 1 case
— Neb. Rev. Stat. § 49-801(15) — 2 cases
State v. Tingle, 477 N.W.2d 544 (Neb. 1991).
“02 (2) (Reissue 1989) provides that a peace officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed a misdemeanor, and the officer has reasonable cause to believe that such person either (a) will not be…”
State v. Connick, 557 N.W.2d 713 (Neb. Ct. App. 1997).
“First, is the conservation officer a peace officer as defined in Neb. Rev. Stat. § 49-801 (Reissue 1993)? Second, was the arrest made within the conservation officer’s primary jurisdiction? Third, if not, was the arrest made within any exception to his primary jurisdiction? (a)…”
— Neb. Rev. Stat. § 49-801(16) — 1 case
Wiseman v. Keller, 358 N.W.2d 768 (Neb. 1984).
“provides as follows: (1) Any person or company, as defined in section 49-801, except any political subdivision, who subjects or causes to be subjected any citizen of this state or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or…”
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treatment. Dots show Syfertize treatment of the citing case itself.