25-1097. Order for delivery; how executed.

The sheriff shall execute the order of delivery by taking the property therein mentioned. He shall also deliver a copy of the order of delivery to the person charged with the unlawful detention of the property or leave such copy at his usual place of residence.

Source:R.S.1867, Code § 185, p. 422; R.S.1913, § 7826; C.S.1922, § 8770; C.S.1929, § 20-1097; R.S.1943, § 25-1097; Laws 1973, LB 474, § 8.

Annotations

Cannot seize property in possession of third party claiming ownership in good faith. Singer Sewing Machine Co. v. Robertson, 87 Neb. 542, 127 N.W. 866 (1910).

Seizure on Sunday is void. Bryant v. State, 16 Neb. 651, 21 N.W. 406 (1884).

Leaving copy at usual place of business is insufficient. Aultman & Taylor Co. v. Steinan, 8 Neb. 109 (1879).

Failure to serve copy is mere irregularity. Baker v. Daily, 6 Neb. 464 (1877).