Order for delivery of property; issuance without court order; effect; taxation of costs.
Any order for the delivery of property issued under section 25-1094 without the order of the court required thereby shall be set aside at the cost of the clerk issuing the same, and such clerk, as well as the plaintiff, shall also be liable in damages to the party injured.
Source:R.S.1867, Code § 197, p. 424; R.S.1913, § 7839; C.S.1922, § 8783; C.S.1929, § 20-10,110; R.S.1943, § 25-10,110; Laws 1973, LB 474, § 9.
If order of delivery is issued without affidavit, the order may be set aside. Racine-Sattley Co. v. Meinen, 79 Neb. 33, 114 N.W. 602 (1908).
Affidavit is prerequisite; without it, order is nullity and may be set aside on proper application. Case Threshing Machine Co. v. Rosso, 78 Neb. 184, 110 N.W. 686 (1907).