25-1029. Garnishment; property; delivery into court; bond in lieu of delivery.

If the garnishee answers that, at the time of the service of the summons and interrogatories upon him or her, he or she was possessed of any property of the defendant or was indebted to him or her, the court may order the delivery of such property and the payment of the amount owing by the garnishee into court; or the court may permit the garnishee to retain the property or the amount owing, upon the execution of an undertaking to the plaintiff by one or more sufficient sureties to the effect that the amount shall be paid or the property forthcoming as the court may direct. If the garnishee presents to the court, by affidavit or otherwise, specific facts demonstrating that no sureties are necessary to insure that the amount owing by the garnishee shall be paid, or the property forthcoming, the court may allow the undertaking to be executed by the garnishee alone.

Source:R.S.1867, Code § 224, p. 430; R.S.1913, § 7758; C.S.1922, § 8702; C.S.1929, § 20-1029; R.S.1943, § 25-1029; Laws 1951, c. 67, § 6, p. 204; Laws 1959, c. 101, § 3, p. 423; Laws 1980, LB 597, § 11.