Such supersedeas bond shall be executed on or before twenty days from the time of the order dissolving or modifying such injunction, shall be signed by one or more sufficient sureties to be approved by the clerk of the court, and shall be conditioned that the party or parties who obtained such injunction shall pay to the defendant, or defendants, all damages, which he or they shall sustain by reason of said injunction, if it be finally decided that such injunction ought not to have been granted.
§ 25-1079.Temporary injunction; modification; dissolution; supersedeas bond; when executed; form; contents.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1889 · Last verified July 22, 2026
In one sentenceThis section sets the mechanics for the supersedeas bond a court orders under section 25-1078 when dissolving or modifying a temporary injunction — a twenty-day deadline to execute it, sureties approved by the clerk, and a promise to pay the other side’s damages if the injunction turns out to have been wrongly granted.
Full Text of § 25-1079
Source
Laws 1889, c. 27, § 2, p. 374; R.S.1913, § 7808; C.S.1922, § 8752; C.S.1929, § 20-1079; R.S.1943, § 25-1079.
Plain-English Summary
Section 25-1079 fills in the practical details section 25-1078 leaves open. The supersedeas bond must be executed within twenty days of the order dissolving or modifying the injunction, marking the outer limit for taking advantage of the bond option.
The bond needs one or more sureties, and the clerk of the court has to approve them before the bond does its work. That approval step gives the clerk a check on whether the sureties backing the bond are sufficient.
The bond’s condition states its purpose in plain terms: the party or parties who obtained the injunction promise to pay the defendant, or defendants, all the damages they sustain because of the injunction, if it is finally decided the injunction should never have been granted. That condition protects the enjoined party against the cost of complying with an injunction a court later finds was wrong to issue.
Frequently Asked Questions
How long after dissolution or modification do I have to post the bond?
Twenty days from the time of the order dissolving or modifying the injunction.
Who approves the sureties on the bond?
The clerk of the court.
What must the bond promise to do?
Pay the defendant, or defendants, all damages they sustain because of the injunction, if it is finally decided the injunction should not have been granted.
How many sureties does the bond need?
One or more sufficient sureties, approved by the clerk of the court.
Is this the same bond section 25-1078 refers to?
Yes. Section 25-1078 creates the requirement that a bond be fixed; section 25-1079 sets the deadline, sureties, and conditions for that same bond.
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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