An injunction binds the party from the time he has notice thereof and the undertaking required of the applicant therefor is executed.
§ 25-1070.Injunctions; when binding.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section says an injunction binds the enjoined party only once two things have both happened: the party has notice of the injunction and the required bond has been executed.
Full Text of § 25-1070
Source
R.S.1867, Code § 258, p. 436; R.S.1913, § 7799; C.S.1922, § 8743; C.S.1929, § 20-1070; R.S.1943, § 25-1070.
Plain-English Summary
Section 25-1070 pinpoints the exact moment an injunction becomes enforceable against the party it restrains. An injunction binds the party from the time that party has notice of it and the undertaking required of the applicant is executed. Both conditions have to be met — notice alone is not enough if the bond required under section 25-1067 has not yet been posted, and a posted bond does not bind the enjoined party until that party has notice.
This ties together the notice mechanics in sections 25-1068 and 25-1069 with the bond requirement in section 25-1067. A party cannot be held to have violated an injunction, or be exposed to contempt for disobeying one, before both notice and the bond are in place — the two triggers this section sets as the start of the injunction’s binding effect.
Frequently Asked Questions
When does an injunction become binding on the person it restrains?
Once that person has notice of the injunction and the bond required of the applicant has been executed. Both have to happen before the injunction binds.
If I have notice of an injunction but the other side never posted the required bond, am I bound?
Section 25-1070 requires both notice and execution of the undertaking, so an injunction is not binding until the bond required under section 25-1067 has been executed.
If the bond is posted but I don’t know about the injunction yet, am I bound?
No. Notice is the other required condition; without it, the injunction has not yet become binding on the enjoined party.
Why does this timing matter?
It marks the point from which disobeying the injunction could expose the enjoined party to enforcement, including contempt proceedings under section 25-1072.
How does this section relate to the bond requirement in section 25-1067?
Section 25-1067 requires the bond before an injunction operates at all; section 25-1070 confirms that the injunction does not bind the enjoined party until that bond is executed, together with notice.
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
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