Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1973 · Last verified July 22, 2026
R.S.1867, Code § 185, p. 422; R.S.1913, § 7826; C.S.1922, § 8770; C.S.1929, § 20-1097; R.S.1943, § 25-1097; Laws 1973, LB 474, § 8.
This section tells the sheriff how to carry out a delivery order, not just how to receive it. Execution means taking the property mentioned in the order — physically taking possession of it from wherever it is found.
The sheriff also has to notify the person accused of unlawfully holding the property. That notice comes by delivering a copy of the order to that person directly, or, if the person is not available, leaving the copy at their usual place of residence. Either method satisfies the section.
Together, these two steps — take the property, notify the person who had it — make sure the defendant learns what has happened and has a paper record showing exactly what order authorized the sheriff’s action.
Take the property described in the order, and deliver a copy of the order to the person charged with unlawfully detaining it, or leave it at that person’s usual residence.
The sheriff can leave a copy of the order at that person’s usual place of residence instead of handing it over personally.
The section describes taking the property and delivering the notice copy as the steps of execution; it does not require notice to come before the taking.
Sections that follow, particularly § 25-1098, govern when and how the sheriff can release the property to the plaintiff.
The defendant, or whoever is in physical possession of the property the plaintiff claims a right to.