25-1522 Intervening claimants; proceedings to ascertain title; procedure; judgment; effect. - Nebraska Statutes

25-1522. Intervening claimants; proceedings to ascertain title; procedure; judgment; effect.If the court shall find the right to said goods and chattels, or any part thereof, to be in the claimant, the court shall also find the value thereof, and shall render judgment for the claimant, that he recover his costs against the plaintiff in execution, or other party to the same for whose benefit the execution issued, and also that he have restitution of said goods and chattels, or any part thereof. But if the right of the goods and chattels, and every part thereof, shall not be in the claimant, then the court shall render judgment on such finding, in favor of the plaintiff in execution, or other party for whose benefit the same was issued and levied, against the claimant for costs, and award execution thereon. Such judgment for the claimant, unless an undertaking shall be executed as provided in section 25-1523, shall be a justification of the officer in returning no goods to the writ of execution by virtue of which the levy has been made, as to such part of the goods and chattels as were found to belong to such claimant. SourceR.S.1867, Code § 487, p. 475; R.S.1913, § 8063; C.S.1922, § 9004; C.S.1929, § 20-1522; R.S.1943, § 25-1522; Laws 1972, LB 1032, § 132; Laws 1973, LB 226, § 14. AnnotationsOrder by justice for restitution of the property is not judicial order but is only to apprise officer of result of inquisition. Fidler v. Adair, 109 Neb. 404, 191 N.W. 683 (1922).Procedure after verdict stated. Bray v. Saaman, 13 Neb. 518, 14 N.W. 474 (1882); Storms v. Eaton, 5 Neb. 453 (1877).