§ 25-1077.Counterclaim; injunction upon.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1077
Source
R.S.1867, Code § 265, p. 437; R.S.1913, § 7806; C.S.1922, § 8750; C.S.1929, § 20-1077; R.S.1943, § 25-1077.
Plain-English Summary
An injunction is not only something a plaintiff can seek. Section 25-1077 confirms that a defendant may obtain an injunction on an answer in the nature of a counterclaim — using the defendant’s own responsive pleading to seek injunctive relief against the plaintiff, rather than filing a separate action.
The section does not create a separate set of rules for this situation. The defendant proceeds in the manner prescribed in sections 25-1062 to 25-1080, meaning the same standards for temporary injunctions, the same notice requirements, the same bond obligations, and the same order-drafting rules that apply to a plaintiff’s injunction request apply equally when a defendant seeks one through a counterclaim.
In practice, this means a defendant with its own claim for injunctive relief against the plaintiff does not need to start a new lawsuit; the counterclaim mechanism lets that relief be sought within the same case, subject to the identical procedural framework covered throughout this cluster of sections.
Frequently Asked Questions
Can a defendant get an injunction against the plaintiff in the same lawsuit?
Yes. Section 25-1077 lets a defendant obtain an injunction on an answer in the nature of a counterclaim.
Does a defendant seeking an injunction on a counterclaim follow different rules than a plaintiff would?
Do I need to file a separate lawsuit to get injunctive relief against the plaintiff who sued me?
No. Section 25-1077 allows that relief to be sought through a counterclaim in the same action.
Does a defendant’s counterclaim injunction still require notice and a bond?
What does “an answer in the nature of a counterclaim” mean?
It refers to a defendant’s responsive pleading that asserts the defendant’s own claim against the plaintiff, here used as the vehicle for seeking an injunction rather than filing a separate action.