§ 25-10,106 Property not taken or returned to defendant; judgment for plaintiff; nature and amount

Codes > Nebraska Revised Statutes > Chapter 25 > Article 10 : (e) Replevin > 25-10,106 Property

25-10,106. Property not taken or returned to defendant; judgment for plaintiff; nature and amount

    When the property claimed has not been taken, or has been returned to the defendant by the sheriff for want of the undertaking required by section 25-1098, the action may proceed as one for damages only, and the plaintiff shall be entitled to such damages as are right and proper; but if the property be returned for want of the undertaking required by such section, the plaintiff shall pay all costs made by taking the same.