When a decree is rendered in a suit in which a receiver has been appointed and such decree does not finally determine the rights of the parties, any one of them may apply to the court for the possession of the property and proceeds thereof in the receiver's hands. If such application is resisted, the matter may be referred to a master to take and report to the court the testimony of the parties. Upon the filing of the report, the court shall, by its order, award the possession of the property and the proceeds thereof to the party entitled thereto, and thereupon the receiver shall surrender the property and the proceeds thereof to such party. All orders appointing receivers, giving them further directions, and disposing of the property may be appealed to the Court of Appeals in the same manner as final orders and decrees.
§ 25-1090.Inconclusive decree; appointment of master; disposition of property; orders; appeal.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1991 · Last verified July 22, 2026
In one sentenceWhen a receivership decree does not finally resolve the parties’ rights, this section lets a party ask the court for the receiver’s property, allows referral of a contested request to a master, and makes orders appointing, directing, or disposing of receivership property appealable like final orders and decrees.
Full Text of § 25-1090
Source
R.S.1867, Code § 275, p. 439; R.S.1913, § 7819; C.S.1922, § 8763; C.S.1929, § 20-1090; R.S.1943, § 25-1090; Laws 1991, LB 732, § 46.
Cross References
For appeals to Court of Appeals, see section 25-1911 et seq.
Plain-English Summary
Not every decree in a case with a receiver resolves the whole dispute. Section 25-1090 addresses what happens when the decree leaves the parties’ rights unresolved. Any party can then ask the court for possession of the property, and the proceeds from it, that the receiver is holding.
If the other side resists that request, the court is not left to guess at the facts — it can refer the matter to a master, who takes testimony from the parties and reports back to the court. Once that report is filed, the court decides by order who is entitled to the property and its proceeds, and the receiver then has to hand over both the property and the proceeds to whichever party the court names.
The section also settles an appeal question that could otherwise cause confusion mid-case. Orders appointing receivers, giving them further directions, and disposing of the property they hold can be appealed to the Nebraska Court of Appeals the same way final orders and decrees can, rather than waiting until every issue in the case is resolved.
Frequently Asked Questions
What happens if a decree in my case doesn’t fully resolve who gets the receiver’s property?
Any party may apply to the court for possession of the property and the proceeds in the receiver’s hands.
What if the other side contests my request for the property?
The court may refer the matter to a master to take and report the testimony of the parties.
Who ultimately decides who gets the property after a master’s report?
The court, by its own order, after the master’s report is filed.
Can I appeal an order appointing a receiver before the whole case is over?
Yes. Section 25-1090 allows appeal to the Court of Appeals in the same manner as final orders and decrees.
Does this section apply to orders disposing of receivership property, or only orders appointing a receiver?
Both. Orders appointing receivers, giving them further directions, and disposing of the property are all appealable under this section.
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: appeal receiver order nebraskainconclusive decree receiver nebraskamaster report receiver property25-1090 disposition of propertypossession of receivership property