An order may be directed to any other county than the one in which the action is brought, for the delivery of the property claimed. Several orders may issue at the same time, or successively, at the option of the plaintiff; but only one of them shall be taxed in the costs, unless otherwise ordered by the court.
§ 25-10,107.Order for delivery of property; directed to other counties; successive orders; taxation of costs.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a delivery order be sent to a county other than where the case is filed, allows several such orders to issue at once or in sequence at the plaintiff’s choice, and limits the taxable costs to only one of those orders unless the court directs otherwise.
Full Text of § 25-10,107
Source
R.S.1867, Code § 194, p. 424; R.S.1913, § 7836; C.S.1922, § 8780; C.S.1929, § 20-10,107; R.S.1943, § 25-10,107.
Plain-English Summary
Property does not always sit in the county where the lawsuit gets filed. This section accounts for that by letting a delivery order be directed to any other county, so the sheriff of the county where the property is located can act on it.
Because a plaintiff might not know exactly where the property is, or might reasonably suspect it has been moved, the section allows multiple orders to issue — either at the same time, covering several counties at once, or one after another as earlier attempts come up empty. The choice of how to sequence or combine those orders belongs to the plaintiff.
That flexibility comes with a cost-control measure. Even if several orders issue, only one of them gets taxed as costs against the losing party, unless the court specifically orders otherwise. A plaintiff can chase the property across multiple counties without automatically shifting the expense of every attempt onto the defendant.
Frequently Asked Questions
Can a delivery order be sent to a county other than where the lawsuit was filed?
Yes. The order can be directed to any other county for delivery of the claimed property.
Can more than one delivery order be issued in the same case?
Yes. Several orders may issue at the same time or one after another, at the plaintiff’s option.
If multiple orders issue, does the losing party pay for all of them?
Generally no. Only one of the orders is taxed in the costs, unless the court orders otherwise.
Why would a plaintiff need orders sent to more than one county?
Because the property’s location may be uncertain, and successive or simultaneous orders let the plaintiff pursue it wherever it might be found.
Who decides whether more than one order’s costs get taxed against the defendant?
The court, which can order a departure from the default one-order rule.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: replevin order other county nebraskamultiple delivery orders replevintaxation of costs replevin orderssuccessive orders for delivery of property