Before any officer shall be excused from giving the notification mentioned in section 25-1534 he shall demand of the party for whose benefit the execution was issued, his agent or attorney, provided either of them resides in the county, the fees in said section specified.
§ 25-1535.Sale of lands and chattels; printer's fees; officer must demand.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceBefore an officer can be excused from giving the sale notice required by section 25-1534 for want of an advanced printer’s fee, this section requires the officer to first demand that fee from the party benefiting from the execution, or that party’s agent or attorney, if either resides in the county.
Full Text of § 25-1535
Source
R.S.1867, Code § 502, p. 479; R.S.1913, § 8081; C.S.1922, § 9017; C.S.1929, § 20-1535; R.S.1943, § 25-1535.
Plain-English Summary
Section 25-1535 puts a condition on the excuse section 25-1534 creates. An officer cannot decide unilaterally that the printer’s fee was never advanced and skip the notice. Before being excused from giving the notification described in section 25-1534, the officer must first demand the fee from the party for whose benefit the execution issued — or that party’s agent or attorney — provided one of them resides in the county.
The demand requirement puts the burden on the officer to ask before assuming the fee will not be paid. If the officer never makes that demand, the excuse for withholding the notice does not apply, since the statute conditions it on the demand having been made.
Frequently Asked Questions
Does the officer have to ask for the printer’s fee before skipping the sale notice?
Yes. Section 25-1535 requires a demand for the fee before the officer is excused from giving the notice required by section 25-1534.
Who does the officer demand the fee from?
The party for whose benefit the execution was issued, or that party’s agent or attorney.
What if neither the party nor their agent or attorney lives in the county?
The demand requirement in section 25-1535 is tied to a party, agent, or attorney residing in the county; the section is framed around that residency condition.
What happens if the officer never makes the demand?
The officer’s excuse for withholding the notice under section 25-1534 depends on having made the demand described here, so skipping the demand undercuts that excuse.
Does this section create a separate notice requirement, or does it modify section 25-1534?
It modifies section 25-1534, adding a demand precondition to the officer’s ability to withhold the sale notice for lack of an advanced fee.
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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