§ 25-1548.Execution to another county; return by mail; effect upon liability of officer.

Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026

In one sentenceWhen an execution issued in one Nebraska county is directed to the sheriff or coroner of another county, that officer may mail the completed writ back to the issuing clerk, and is not liable for amercement if proof shows it was mailed early enough to have arrived on time even though it arrived late.

Full Text of § 25-1548

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When execution shall be issued in any county in this state, and directed to the sheriff or coroner of another county, it shall be lawful for such sheriff or coroner having the execution, after having discharged all the duties required of him by law, to enclose such execution by mail to the clerk of the court who issued the same. On proof being made by such sheriff or coroner that the execution was mailed soon enough to have reached the office where it was issued within the time prescribed by law, the sheriff or coroner shall not be liable for any amercement or penalty if it does not reach the office in due time.

Source

R.S.1867, Code § 516, p. 483; R.S.1913, § 8095; C.S.1922, § 9031; C.S.1929, § 20-1549; R.S.1943, § 25-1548.

Plain-English Summary

Executions do not always stay within the county that issued them. Section 25-1548 covers what happens when a writ goes to the sheriff or coroner of a different county. After that officer finishes the duties the execution requires, the statute allows the officer to mail the writ back to the clerk of the court that issued it, rather than requiring a personal return trip.

Mail can run late, and the statute protects the officer from being penalized for that. If the officer proves the execution was mailed soon enough that it should have reached the issuing office within the time the law prescribes, the officer is not liable for amercement or any other penalty just because the writ arrived after the deadline.

Frequently Asked Questions

Can a sheriff in another Nebraska county mail back an execution instead of returning it in person?

Yes. Section 25-1548 allows the sheriff or coroner of the county to which an execution was directed to mail the completed writ back to the clerk of the issuing court.

What happens if the mailed execution arrives late?

The officer is not liable for amercement or any penalty for the late arrival, as long as the officer can prove the writ was mailed early enough to have reached the office in time.

What does the officer have to prove to avoid liability for a late return?

That the execution was mailed soon enough to have reached the issuing office within the time prescribed by law, even though it ultimately arrived after that deadline.

Does this mail-return protection apply to executions handled within the same county?

The statute addresses executions directed to the sheriff or coroner of a county other than the one that issued them, which is the cross-county situation it is written to cover.

How does this section relate to amercement in general?

It functions as a defense to amercement in one specific circumstance — a late mailed return — that would otherwise fall under the general amercement grounds in sections 25-1545 and 25-1549.

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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