Every order appointing a receiver shall require the applicant to give a good and sufficient bond, conditioned to pay all damages which the other parties to the suit or any of them may sustain by reason of the appointment of a receiver, in case it shall be finally decided that the order ought not to have been granted, and shall also require the receiver to give a bond conditioned to faithfully discharge his duties as receiver and obey all orders of the court. The bonds shall each run to the defendant and all adverse parties in interest, shall be for the use of any party to the suit, shall be in a penal sum to be fixed by the court, but not, however, to be in excess of a sum equal to double the value of the property in question, shall be executed by one surety where such surety is an incorporated surety company authorized by the laws of this state to transact such business, and by two or more sureties where such sureties are natural persons, to be approved by the court or judge making the appointment, and shall be filed in the office of the clerk of the district court; nor shall the same be considered executed until they are so filed.
§ 25-1084.Applicants for receiver; bonds required; contents; filing.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1923 · Last verified July 22, 2026
In one sentenceThis section requires both the party asking for a receiver and the receiver appointed to post bond — one to cover damages if the appointment turns out to have been wrong, the other to guarantee the receiver’s faithful performance — and makes the bonds effective only once filed with the clerk.
Full Text of § 25-1084
Source
R.S.1867, Code § 269, p. 438; Laws 1875, § 1, p. 36; Laws 1897, c. 89, § 1, p. 370; R.S.1913, § 7813; C.S.1922, § 8757; Laws 1923, c. 102, § 1, p. 257; C.S.1929, § 20-1084; R.S.1943, § 25-1084.
Cross References
Other bond provisions, see section 25-1018. State officers, departments, or receivers appointed on application of state, not required to give bond, see section 25-21,216. Trust companies, see section 8-211.
Plain-English Summary
Getting a receiver appointed in Nebraska costs more than asking. Section 25-1084 requires every order appointing a receiver to demand two separate bonds. The applicant’s bond is conditioned on paying whatever damages the other parties suffer because of the receiver’s appointment, if it is later decided the order should not have been granted. The receiver’s own bond is conditioned on faithfully discharging the receiver’s duties and obeying every order of the court.
Both bonds run to the defendant and every other adverse party in interest, and either bond can be used for the benefit of any party to the suit. The court sets the penal sum for each bond, capped at double the value of the property in question. An incorporated surety company authorized to do business in Nebraska can execute a bond alone; where the sureties are individuals rather than a surety company, the statute requires two or more of them.
Filing completes the process: both bonds must be filed in the office of the clerk of the district court, and neither bond counts as executed until it is filed.
Frequently Asked Questions
Who has to post a bond when a receiver is appointed?
Both the applicant seeking the receiver and the receiver itself, each under a separate bond.
What does the applicant’s bond cover?
Damages the other parties sustain because of the receiver’s appointment, if it is finally decided the order should not have been granted.
What does the receiver’s bond cover?
Faithfully discharging the receiver’s duties and obeying all orders of the court.
Is there a cap on how large the bonds can be?
Yes. The penal sum is fixed by the court but cannot exceed double the value of the property in question.
Can a single individual sign the bond as surety?
Only if the surety is an incorporated surety company authorized to do business in Nebraska. Individual sureties require two or more.
When does a bond become effective under this section?
Only once it is filed in the office of the clerk of the district court; it is not considered executed until then.
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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