25-1926. Appeal; reversal of judgment; mandate.

When a judgment or final order is reversed either in whole or in part in the Court of Appeals or Supreme Court, the appellate court shall proceed to render such judgment as the court below should have rendered or remand the cause to the court below for such judgment. The appellate court shall not issue execution in causes that are removed to it on error on which it pronounced judgment but shall send a special mandate to the court below, as the case may require, to award execution thereupon. The court to which such special mandate is sent shall proceed in such case in the same manner as if such judgment or final order had been rendered therein, and on motion and good cause shown, it may suspend any execution made returnable before it by order of the appellate court in the same manner as if such execution had been issued from its own court, but such power shall not extend further than to stay proceedings until the matter can be further heard by the appellate court.

Source:R.S.1867, Code § 594, p. 499; Laws 1875, § 1, p. 40; R.S.1913, § 8199; Laws 1915, c. 21, § 2, p. 82; C.S.1922, § 9151; C.S.1929, § 20-1926; R.S.1943, § 25-1926; Laws 1991, LB 732, § 62.