Any order for the delivery of property issued under section 25-1094 without the order of the court required thereby shall be set aside at the cost of the clerk issuing the same, and such clerk, as well as the plaintiff, shall also be liable in damages to the party injured.
§ 25-10,110.Order for delivery of property; issuance without court order; effect; taxation of costs.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1973 · Last verified July 22, 2026
In one sentenceThis section voids any delivery order issued under § 25-1094 without the court order that section requires, charges the issuing clerk with the cost of setting it aside, and exposes both the clerk and the plaintiff to damages liability for the party harmed.
Full Text of § 25-10,110
Source
R.S.1867, Code § 197, p. 424; R.S.1913, § 7839; C.S.1922, § 8783; C.S.1929, § 20-10,110; R.S.1943, § 25-10,110; Laws 1973, LB 474, § 9.
Plain-English Summary
Section 25-1094 requires a court order — findings on the property, the plaintiff’s claim, and the wrongful-detention issue — before a delivery order can issue. This section enforces that requirement with consequences. If a clerk issues a delivery order without the required court order behind it, that delivery order gets set aside.
The clerk who issued it bears the cost of undoing the mistake. And it does not stop at costs: both the clerk and the plaintiff can be held liable in damages to whoever was injured by the improper order — the party whose property was taken based on a delivery order that never should have issued in the first place.
This section functions as the enforcement mechanism behind § 25-1094’s gatekeeping role, making sure the requirement of an underlying court order is not treated as optional paperwork.
Frequently Asked Questions
What happens to a delivery order issued without the court order required by § 25-1094?
It gets set aside.
Who pays the cost of setting aside an improperly issued order?
The clerk who issued it, at that clerk’s own cost.
Can the clerk face additional liability beyond the cost of setting the order aside?
Yes. The clerk can be liable in damages to the party injured by the improper order.
Is the plaintiff also exposed to liability in this situation?
Yes. The section makes the plaintiff, along with the clerk, liable in damages to the injured party.
Why does this section matter to someone whose property was wrongly taken?
It gives that person a path to damages against both the clerk who issued the defective order and the plaintiff who obtained it, in addition to having the order itself set aside.
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: delivery order issued without court order nebraskaclerk liability replevin orderimproper replevin order set asideplaintiff liable damages wrongful order