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§ 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

In one sentenceWhen someone disobeys a court order to deposit or deliver money or property in a receivership, this section lets the court punish the disobedience as contempt and also order the sheriff to seize the money or property directly and carry out the court’s original directive.

Full Text of § 25-1091

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Whenever, in the exercise of their authority, the court or judge shall have ordered the deposit or delivery of money or other things, and the order is disobeyed, the court or judge, in addition to punishing such disobedience as for contempt, may make an order requiring the sheriff to take the money or thing, and deposit or deliver it, in conformity with the direction of the court or judge.

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.

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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