48-738 Petition for injunction; notice to owner or user; procedure. - Nebraska Statutes

48-738. Petition for injunction; notice to owner or user; procedure.The commissioner shall notify the owner or user of the equipment in writing of the time and place of hearing of the petition, as fixed by the court or judge, and serve the notice on the defendant at least five days prior to the hearing in the same manner as original notices are served. The general provisions relating to civil practice and procedure, insofar as the same may be applicable, shall govern such proceedings except as otherwise provided in the Boiler Inspection Act. In the event the defendant does not appear or plead to such action, default shall be entered against the defendant. The action shall be tried in equity, and the court or judge shall make such order or decree as the evidence warrants. SourceLaws 1943, c. 112, § 11, p. 396; R.S.1943, § 48-718; R.S.1943, (1984), § 48-718; Laws 1987, LB 462, § 20.