No proceedings in errors or appeal shall be allowed after such stay has been taken, nor shall a stay be taken on a judgment entered as herein contemplated,
against one who is surety in the stay of execution.
§ 25-1509.Stay of execution; surety on stay bond excepted; no appeal after stay.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1875 · Last verified July 22, 2026
In one sentenceThis section forecloses further appellate proceedings on a judgment once a stay of execution has been taken and bars a second stay on the confessed judgment entered against a surety who has already stood as surety on the original stay.
Full Text of § 25-1509
Source
Laws 1875, § 5, p. 50; R.S.1913, § 8050; C.S.1922, § 8991; C.S.1929, § 20-1509; R.S.1943, § 25-1509.
Plain-English Summary
Section 25-1509 attaches a consequence to taking a stay of execution: once that stay has been taken, no proceedings in error or appeal are allowed on the judgment afterward. A defendant who obtains the freehold-surety stay described in Section 25-1507 is treated as having accepted the judgment for purposes of further appellate review, rather than continuing to contest it while also delaying enforcement.
The section adds a second limit aimed at the sureties themselves. Because the stay bond has the force of a confessed judgment against the sureties once entered — a point developed further in Section 25-1510 — this section bars taking a further stay against someone who is already standing as a surety on that stay. In other words, a surety cannot then get their own separate stay of the confessed judgment created against them by standing surety for the debtor.
Frequently Asked Questions
Can a defendant appeal a judgment after obtaining a stay of execution?
No. Section 25-1509 states that no proceedings in error or appeal are allowed once a stay of execution has been taken.
Why would taking a stay cut off the right to appeal?
Obtaining a stay under this article treats the judgment as settled for enforcement purposes; the tradeoff for delaying execution is giving up further appellate challenge to that judgment.
Can a surety who signed the stay bond later get their own stay?
No. The section bars taking a stay on the confessed judgment against someone who is already a surety in the stay of execution.
Does this section apply to the mortgage foreclosure stay under Section 25-1506?
The text refers to a stay taken as contemplated in this article’s stay-bond procedure; its bar on further stays for sureties ties most directly to the surety-bond mechanism in Section 25-1507.
What is the confessed judgment against the surety that this section refers to?
Section 25-1510 explains that the stay bond itself has the force and effect of a judgment confessed against the sureties’ property once it is approved and recorded.
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: no appeal after stay of execution nebraskasurety cannot get second stayconsequence of taking stay bondconfessed judgment against surety appealstay bars proceedings in error