The summons mentioned in section 25-1903 shall, upon the written praecipe of the plaintiff in error, or his attorney, be issued by the clerk of the court in which the petition is filed, to the sheriff of any county in which the defendant in error or his attorney of record may be; and if the writ issue to a foreign county, the sheriff thereof may return the same by mail to the clerk, and shall be entitled to the same fees as if the same had been returnable to the district court of the county in which said officer resides. The defendant in error, or his attorney, may waive in writing the issuing or service of the summons.
§ 25-1904.Summons in error; praecipe; service; return; fees.
Article 19: Appeals and Proceedings in Error · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section explains how the summons described in section 25-1903 gets issued and served: the clerk issues it on a written praecipe, the sheriff of any relevant county serves it, and the defendant in error may waive issuance or service in writing.
Full Text of § 25-1904
Source
R.S.1867, Code § 585, p. 497; R.S.1913, § 8178; C.S.1922, § 9130; C.S.1929, § 20-1904; R.S.1943, § 25-1904.
Plain-English Summary
Section 25-1904 fills in the mechanics behind the summons mentioned in section 25-1903. The plaintiff in error, or the plaintiff’s attorney, requests it by filing a written praecipe, and the clerk of the court where the petition is filed issues the summons to the sheriff of any county where the defendant in error, or that person’s attorney of record, can be found.
If the summons has to go to a sheriff in another county, that sheriff may return it by mail to the clerk, and is entitled to the same fees as if the writ had been returnable to the district court of the county where the sheriff serves. The defendant in error, or that person’s attorney, can also skip the formal process entirely by waiving the issuing or service of the summons in writing.
Frequently Asked Questions
What is a “praecipe” in this context?
A written request the plaintiff in error, or the plaintiff’s attorney, files with the clerk directing that the summons be issued.
Who serves the summons in error?
The sheriff of any county where the defendant in error, or that person’s attorney of record, can be found.
What happens if the defendant in error lives in another county?
The writ can be sent to that county’s sheriff, who may return it by mail to the clerk and is entitled to the same fees as for a writ returnable in that sheriff’s own county.
Can the defendant in error avoid being formally served?
Yes. The defendant in error, or the attorney, may waive the issuing or service of the summons in writing.
Does the plaintiff in error have to request the summons personally?
No. The plaintiff’s attorney may file the praecipe on the plaintiff’s behalf.
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: summons in error praecipe nebraskasheriff service petition in errorwaiving service summons in errorforeign county service proceedings in error