In case of the dissolution or modification by any court, or any judge at chambers, of any temporary order of injunction which has been or may hereafter be granted, the court or judge so dissolving or modifying said order of injunction shall, at the same time, fix a reasonable sum as the amount of a supersedeas bond, which the person or persons applying for said injunction may give, and prevent the doing of the act or acts, the commission of which was, or may be sought to be restrained by the injunction so dissolved and modified.
§ 25-1078.Temporary injunction; modification; dissolution; supersedeas bond.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1889 · Last verified July 22, 2026
In one sentenceWhen a court or judge dissolves or modifies a temporary injunction, this section requires it to fix a reasonable supersedeas bond amount at the same time, letting the party who obtained the injunction post that bond and keep the restrained act on hold anyway.
Full Text of § 25-1078
Source
Laws 1889, c. 27, § 1, p. 373; R.S.1913, § 7807; C.S.1922, § 8751; C.S.1929, § 20-1078; R.S.1943, § 25-1078.
Plain-English Summary
Section 25-1078 addresses the moment a court or judge dissolves or modifies a temporary injunction. It does not leave the party who won the injunction without options. At that same moment, the court or judge must fix a reasonable sum for a supersedeas bond. Posting that bond lets the party who applied for the injunction keep the once-restrained act from happening, even though the injunction has now been dissolved or modified.
The mechanism works like a stay pending further proceedings. Rather than letting the party who won the dissolution or modification go ahead immediately with the act the injunction had blocked, the statute gives the original applicant one more chance: pay for a bond and buy time while the underlying question of whether the injunction should have issued gets sorted out.
This section sets the trigger and the basic mechanism. Sections 25-1079 and 25-1080 fill in the rest — how long the applicant has to execute the bond, what it must say, and how long the resulting stay lasts.
Frequently Asked Questions
What happens right after a court dissolves my temporary injunction?
The court or judge must, at the same time, fix a reasonable amount for a supersedeas bond that the party who obtained the injunction may post to keep the restrained act from happening despite the dissolution or modification.
Does this section set the exact bond amount?
No. It requires the court or judge to fix a reasonable sum, leaving the specific amount to the court’s judgment based on the case.
Who benefits from posting the bond described in this section?
The person or persons who applied for and obtained the injunction that was later dissolved or modified.
Does this section apply to modifications as well as full dissolutions of an injunction?
Yes. It applies whenever a court or judge dissolves or modifies a temporary injunction.
Where do I find the deadline and required contents for this bond?
Section 25-1079 sets the twenty-day deadline for executing the bond and spells out what it must say.
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: nebraska supersedeas bond injunctiondissolving temporary injunction nebraskastay dissolution of injunctionmodify injunction bond nebraska25-1078 injunction bondkeep injunction in effect pending appeal