Nebraska § 25-1507 - Execution; how stayed.

§ 25-1507. Execution; how stayed.

On all judgments for the recovery of money only, except those rendered in any court on an appeal or writ of error thereto or against any officer or person or corporation, or the sureties of any of them, for money received in a fiduciary capacity, or for the breach of any official duty, there may be a stay of execution if the defendant therein shall, within twenty days after the entry of judgment, procure two or more sufficient freehold sureties to enter into a bond, acknowledging themselves security for the defendant for the payment of the judgment, interest, and costs, from the time of entering judgment until paid as follows: (1) If the sum for which judgment was rendered, exclusive of costs, does not exceed fifty dollars, three months; (2) if the sum for which judgment was rendered, exclusive of costs, exceeds fifty dollars and does not exceed one hundred dollars, six months; and (3) if the sum for which judgment was rendered, exclusive of costs, exceeds one hundred dollars, nine months.

Where a stay bond becomes dormant, it may be revived the same as a judgment. Baker Steel & Machinery Co. v. Ferguson, 137 Neb. 578, 290 N.W. 449 (1940).

Sureties when sued on bond cannot plead lack of legal qualifications. Heater v. Pearce, 59 Neb. 583, 81 N.W. 615 (1900).

Stay bond is a proceeding and may be amended. State ex rel. Cleary v. Russell, 17 Neb. 201, 22 N.W. 455 (1885).