§ 25-1091.Receivers; disobedience of orders; punishment; sheriff may act.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1899 · Last verified July 22, 2026
Full Text of § 25-1091
Source
R.S.1867, Code § 276, p. 439; Laws 1899, c. 82, § 1, p. 337; R.S.1913, § 7820; C.S.1922, § 8764; C.S.1929, § 20-1091; R.S.1943, § 25-1091.
Plain-English Summary
Court orders in a receivership are not suggestions, and section 25-1091 backs that up with two tools working together. When a court or judge has ordered the deposit or delivery of money or other property and someone disobeys that order, the court can punish the disobedience as contempt.
Contempt alone does not necessarily get the money or property where it needs to go, so the section adds a second remedy: the court can order the sheriff to take the money or thing in question and deposit or deliver it in line with the court’s original direction. That gives the court a direct path to enforcement instead of relying only on the threat of contempt to bring a disobedient party into line.
Frequently Asked Questions
What can a court do if someone refuses to hand over money or property as ordered in a receivership?
Punish the disobedience as contempt, and separately order the sheriff to take the money or property and deposit or deliver it as directed.
Are these two remedies exclusive of each other?
No. The statute allows the sheriff-enforcement order in addition to punishing the disobedience as contempt.
Who carries out the seizure when a court orders direct enforcement?
The sheriff.
Does this section require a receiver to be involved, or does it apply more broadly?
It applies whenever the court or judge has ordered a deposit or delivery of money or property and that order is disobeyed, within the receivership context this article addresses.
Why would a court need the sheriff’s help instead of holding someone in contempt alone?
Contempt punishes the disobedience, but ordering the sheriff to act gets the money or property where the court directed it to go.