25-1033 Attachment; judgment for plaintiff; how satisfied; return of surplus. - Nebraska Statutes

25-1033. Attachment; judgment for plaintiff; how satisfied; return of surplus.If judgment is rendered for the plaintiff, it shall be satisfied as follows: So much of the property remaining in the hands of the officer, after applying the money arising from the sale of perishable property, and so much of the personal property and lands and tenements, if any, whether held by legal or equitable title, as may be necessary to satisfy the judgment, shall be sold by order of the court, under the same restrictions and regulations as if the same had been levied on by execution; and the money arising therefrom, with the amount which may be recovered from the garnishee, shall be applied to satisfy the judgment and costs. If there is not enough to satisfy the same, the judgment shall stand, and execution may issue thereon for the residue in all respects as in other cases. Any surplus of the attached property, or its proceeds, shall be returned to the defendant. SourceR.S.1867, Code § 228, p. 431; R.S.1913, § 7762; C.S.1922, § 8706; C.S.1929, § 20-1033; R.S.1943, § 25-1033.AnnotationsAttached property should be sold the same as if levied on by execution. Federal Farm Mortgage Corporation v. Hughes, 137 Neb. 820, 291 N.W. 475 (1940).Purchaser at sale is protected from collateral attack based on defective publication of notice. Brown v. Bose, 55 Neb. 200, 75 N.W. 536 (1898).Same rule applies as to sales on execution; notice was defective. Helmer v. Rehm, 14 Neb. 219, 15 N.W. 344 (1883).Judgment was informal, but not subject to collateral attack. Crowell v. Johnson, 2 Neb. 146 (1873).