25-2002. District court judgment; proceedings to vacate or modify; summons; waiver of error.

The proceedings to vacate or modify the judgment or order on the grounds mentioned in subsection (4) of section 25-2001 shall be by complaint, setting forth the judgment or order, the grounds to vacate or modify it, and the defense to the action, if the party applying was defendant. On such complaint a summons shall issue and be served as in the commencement of an action. Summons shall not issue in any case in which there is upon the minutes of the court, or among the files of the case, a waiver of error by the party or the party's attorney, unless the court or a judge thereof endorses upon the complaint permission to issue such summons.

Source:R.S.1867, Code § 603, p. 501; R.S.1913, § 8208; C.S.1922, § 9161; C.S.1929, § 20-2002; R.S.1943, § 25-2002; Laws 2000, LB 921, § 18; Laws 2002, LB 876, § 28.