No injunction shall be granted by a judge, after a motion therefor has been overruled on the merits of the application by this court; and where it has been refused by the court in which the action is brought, or a judge thereof, it shall not be granted to the same applicant by a court of inferior jurisdiction or any judge thereof.
§ 25-1071.Injunctions not granted; when.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section bars a judge from granting an injunction after a motion for it has already been overruled on the merits by a higher court, and bars a lower court from granting one after it was refused by the court where the case is pending.
Full Text of § 25-1071
Source
R.S.1867, Code § 259, p. 436; R.S.1913, § 7800; C.S.1922, § 8744; C.S.1929, § 20-1071; R.S.1943, § 25-1071.
Plain-English Summary
Section 25-1071 prevents a losing applicant from shopping for a more favorable judge or a lower court after being turned down on the merits. No injunction can be granted by a judge after a motion for it has been overruled on the merits of the application by a higher court. And where the court in which the action is brought, or a judge of that court, has refused the injunction, it cannot then be granted to the same applicant by a court of inferior jurisdiction, or any judge of that inferior court.
The rule works in one direction: it bars going down in jurisdiction after a refusal, not seeking review through the ordinary appellate process. An applicant who loses an injunction motion is not automatically barred from ever raising the issue again — the statute specifically targets the tactic of taking the same request to a lower or lesser court after it has already been rejected on the merits by the court where the case belongs, or by a higher court.
Frequently Asked Questions
Can I ask a different, lower court for an injunction after a higher court already turned me down?
No. Section 25-1071 bars a court of inferior jurisdiction, or a judge of that court, from granting an injunction to the same applicant once it has been refused by the court in which the action is brought.
What if my motion for an injunction was denied on procedural grounds rather than on the merits?
The bar in section 25-1071 applies where the motion was overruled on the merits of the application; a refusal on a different basis is not the same denial the statute addresses.
Does this section stop me from appealing a denied injunction?
No. It bars seeking the same injunction from an inferior court after a refusal, not pursuing ordinary appellate review of the denial.
Who does this bar apply to — just the same judge, or any judge?
Once a motion for an injunction has been overruled on the merits by a higher court, no judge may grant it. Once the court where the action is brought has refused it, no judge of an inferior court may grant it to the same applicant.
Why does Nebraska have this rule?
It prevents an applicant from repeatedly seeking the same injunctive relief from progressively lower courts after already losing on the merits, which would undercut the authority of the court that already ruled.
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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