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error to be commenced within six months.

R. S. 1866, 498.

Gen. Stat, 630.

SECTION 1. Proceedings in error, to be commenced within six months.

AN ACT

To amend section five hundred and ninety-two of the code of civil procedure.

Be it enacted by the Legislature of the State of Nebraska :

SECTION 1. That section five hundred and ninety-two Proceedings in of the code of civil procedure of the state of Nebraska, be amended so as to read as follows, to wit: Sec. 592. No proceeding for reversing, vacating, or modifying judgments or final orders, shall be commenced unless within six months after the rendition of the judgment, or making of the final order complained of, or in case the person entitled to such proceedings be an infant, a person of unsound mind, or imprisoned, within six months, as aforesaid, exclusive of the time of such disability: Provided, That the provisions of this act shall only apply to judgments or decrees rendered after the date of its passage.

To take effect.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, February 24, 1875.

SECTION 1. Proceedings upon reversal of judgment in the supreme court.

AN ACT

To amend section five hundred and ninety-four of the code of civil procedure.

Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. That section five hundred and ninety-four

upon reversal in the supreme court.

Gen. Stat. 631.

of the code of civil procedure be amended to read as Proceedings follows: Sec. 594. When a judgment or final order shall of judgment be reversed either in whole or in part, in the supreme court, the court reversing the same shall proceed to render R. S. 1866, 499.such judgment as the court below should have rendered, or remand the cause to the court below for such judgment; and the court reversing such judgment or final order shall not issue execution in causes that are removed before them on error, on which they pronounced judgment as aforesaid, but shall send a special mandate to the court below, as the case may require, to award execution thereupon; and it shall be the duty of the judges of the supreme court to prepare and file their opinion in every case as brought before them, within sixty days after the decision of the same, and no mandate shall be sent to the court below until the opinion provided for by this section has been filed. 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 supreme 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 supreme court.

SEC. 2. That section five hundred and ninety-four of

said code as now existing is hereby repealed.

SEC. 3. This act shall take effect and be in force from To take effect.

and after its passage.

Approved, February 25, 1875.

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Sales of mortgaged premises How made.

Gen. Stat., 656.

To amend section eight hundred and fifty-two, title twenty-seven,
civil procedure of the statutes of Nebraska.

Be it enacted by the Leyislature of the State of Nebraska:

SECTION 1. That section eight hundred and fifty-two, title twenty-seven, civil procedure, of the statutes of Nebraska, R. S. 1866, 543 be amended to read as follows: Sec. 852. All sales of mortgaged premises under a decree in chancery shall be made by a sheriff, or some other person authorized by the court in the county where the premises or some part of them are situated, and in all cases where the sheriff shall make such sale he shall act in his official capacity and he shall be liable on his official bond for all his acts therein, and shall receive the same compensation as is provided by law for like services upon sales under speculation [execution].

Acts repealed.

To take effect.

SEC. 2. All acts and parts of acts inconsistent and in conflict with this act, shall be and are hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

Approved, February 25, 1875.

da

AN ACT

To amend section [eight hundred and eighty-nine] nine hundred
and ninety-seven of the code of civil procedure.

Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. That section [eight hundred and eighty

favor of claim

[889.] ants to property

levied on or

satisfied attached.

R. S. 1866, 570.

Gen. Stat., 684.

nine] nine hundred and ninety-seven of the code of civil Judgments in procedure, is hereby amended to read as follows: Sec. 997. If on the trial, the justice shall be from the proof that the property, or any part thereof, belongs to the claimant or claimants (or in case when a jury is demanded, the jury so find), such justice shall render judgment against the party, in whose favor such execution or attachment issued for the costs, and issue execution therefor, and shall moreover give a written order to the officer who levied on, or who may be charged with the duty of selling such property, directing him to restore the same, or so much thereof as may have been found to belong to such claimant or claimants.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, February 25, 1875.

SECTION 1. When tenant deemed to have held over his term.

AN ACT

To amend section one thousand and twenty-one of the code of civil procedure. Revised statutes, 1873.

Be it enacted by the Legislature of the State of Nebraska:

term.

SECTION 1. That section one thousand and twenty-one of the code of civil procedure, revised statutes of 1873, When tenant be so amended as to read as follows: Sec. 1021. A tenant held over his shall be deemed to be holding over his term whenever he R. S. 1866, 575. has failed, neglected, or refused to pay the rent or any part thereof when the same was due, and judgments, either before the justice or in the district court, under this

Gen. Stat., 689.

To take effect.

chapter shall not be a bar to any after action brought by either party.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, February 25, 1875.

When judg.

ment in cases of

given for defendant

SECTION 1. When judgment in cases of replevin to be given for

defendant.

AN ACT

To amend the code of civil of procedure in actions of replevin.

Be it enacted by the Legislature of the State of Nebraska :

SECTION 1. That whenever any action in replevin replevin to be shall be dismissed by the court for irregularities or defects in the proceedings by the plaintiff, judgment may be given in favor of the defendant on proof of the value of the property and amount of damages.

To take effect.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved, February 25, 1875.

AN ACT

To amend the code of civil procedure in attachment cases.

Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. That sections two hundred and thirtyfour, two hundred and thirty-five, and two hundred and thirty-six of the code of civil procedure, shall apply and

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