The original action shall proceed to trial and judgment in every other respect as though no writ of error has been prosecuted.
§ 25-1048.Attachment; order of discharge; appeal; original action unaffected.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section makes clear that the underlying lawsuit keeps moving forward to trial and judgment even while an appeal or petition in error over the discharge of an attachment is pending.
Full Text of § 25-1048
Source
G.S.1873, c. 57, § 2, p. 715; R.S.1913, § 7777; C.S.1922, § 8721; C.S.1929, § 20-1048; R.S.1943, § 25-1048.
Plain-English Summary
Appealing the discharge of an attachment, as § 25-1047 allows, does not put the whole lawsuit on hold. Section 25-1048 says so directly: the original action proceeds to trial and judgment in every other respect as though no writ of error had been prosecuted.
The attachment fight and the merits of the case are, in that sense, kept on separate tracks. A party unhappy with the discharge of an attachment can pursue an appeal or petition in error over that specific ruling, but the underlying claim — the actual lawsuit the attachment was meant to secure — does not sit frozen waiting for that side issue to resolve.
This keeps the case moving toward resolution and prevents a losing party on the attachment question from using that dispute as a way to stall the whole lawsuit.
Frequently Asked Questions
Does an appeal over the discharge of an attachment pause the underlying lawsuit?
No. The original action proceeds to trial and judgment in every other respect as though no writ of error had been prosecuted.
Can a plaintiff use an attachment appeal to delay the main case?
Not under this section. It keeps the merits of the case moving forward independently of the pending appeal or petition in error over the attachment discharge.
If the discharge is later reversed on appeal, does that reopen the trial that already happened?
This section addresses only the fact that the underlying action proceeds during the appeal; the effect of a later reversal on the discharge order is a separate question tied to §§ 25-1045 and 25-1047.
Does this section apply to every type of appeal in the case, or just ones about the attachment?
It addresses the writ of error or appeal over the discharge of the attachment specifically, keeping the main action’s progress independent of that particular dispute.
Why would Nebraska law keep the two tracks separate like this?
Attachment is a provisional remedy securing a possible judgment, not the judgment itself, so resolving the underlying claim does not need to wait on a side dispute over whether the security measure was proper.
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: case proceeds during attachment appealtrial continues attachment appeal pendingattachment appeal does not stay caseunderlying lawsuit unaffected by writ of errorattachment dispute separate from trial