§ 25-1062.Injunction, defined.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1941 · Last verified July 22, 2026
Full Text of § 25-1062
Source
R.S.1867, Code § 250, p. 435; R.S.1913, § 7791; C.S.1922, § 8735; C.S.1929, § 20-1062; Laws 1941, c. 29, § 2, p. 133; C.S.Supp.,1941, § 20-1062; R.S.1943, § 25-1062.
Plain-English Summary
Section 25-1062 opens Nebraska’s injunction statutes with a definition. An injunction is a command to refrain from a particular act — not an order to do something affirmatively, but an order to stop or not start doing something. That command can take two very different forms. It can be the final judgment that ends a case, permanently barring the enjoined party from the act in question. Or it can be a provisional remedy — relief granted while the case is still pending, meant to preserve the status quo or prevent harm until the court reaches a final decision.
When an injunction is used as a provisional remedy rather than a final judgment, the section specifies how it is issued: by order, not by any separate writ. That last point is not incidental. The section closes with a direct statement that the writ of injunction is abolished. Older procedure once required a distinct written writ to put an injunction into effect; Nebraska did away with that formality, so today an injunction operates through the court’s order itself.
This definitional section sets up everything that follows in the injunction sections. When a temporary injunction is called a “provisional remedy” in the sections that come after this one, it is this section’s framework that gives that phrase its meaning.
Frequently Asked Questions
What is an injunction under Nebraska law?
A command from a court to refrain from a particular act. It can be the final judgment in a case or a provisional remedy granted by order while the case is pending.
Is an injunction ever used to force someone to do something?
The definition in section 25-1062 describes an injunction as a command to refrain from an act, not an affirmative command to act.
What is the difference between an injunction as a final judgment and as a provisional remedy?
A final judgment injunction permanently resolves the case. A provisional remedy injunction is temporary relief granted during the litigation, before the court has reached a final decision.
Do I need a separate “writ of injunction” to enforce a Nebraska injunction?
No. Section 25-1062 states that the writ of injunction is abolished; a provisional injunction is granted and takes effect by court order instead.