25-1075 Injunction without notice; vacation; modification; notice. - Nebraska Statutes

25-1075. Injunction without notice; vacation; modification; notice.If the injunction is granted without notice, the defendant, at any time before the trial, may apply, upon notice, to the court in which the action is brought or any judge thereof, to vacate or modify the same. The application may be made upon the complaint or petition and affidavits upon which the injunction is granted, or upon affidavits on the part of the party enjoined, with or without answer. The order of the judge allowing, dissolving, or modifying an injunction shall be returned to the office of the clerk of the court in which the action is brought and recorded and obeyed as if made by the court. SourceR.S.1867, Code § 263, p. 437; R.S.1913, § 7804; C.S.1922, § 8748; C.S.1929, § 20-1075; R.S.1943, § 25-1075; Laws 2002, LB 876, § 22. AnnotationsJudge at chambers cannot dispose of main case. Browne v. Edwards & McCullough Lumber Co., 44 Neb. 361, 62 N.W. 1070 (1895).