Before the written undertaking mentioned in section 25-1907 shall operate to stay execution of the judgment or order, a petition in error must be filed in the district court, and the execution of the undertaking, and the sufficiency of the sureties must be approved by the judge or clerk of the court in which the judgment was rendered or order made. The judge or clerk of the court shall endorse approval upon the undertaking. The undertaking shall be filed in the court in which the judgment was rendered or order made.
§ 25-1908.Proceedings in error; stay of execution; supersedeas bond; approval; endorsement.
Article 19: Appeals and Proceedings in Error · Last amended 1972 · Last verified July 22, 2026
In one sentenceThis section requires that, before the undertaking described in section 25-1907 can stay execution, the plaintiff in error must have filed a petition in error in district court and had the judge or clerk who rendered the judgment approve the undertaking’s execution and sureties.
Full Text of § 25-1908
Source
R.S.1867, Code § 590, p. 498; G.S.1873, c. 57, § 590, p. 630; R.S.1913, § 8182; C.S.1922, § 9134; C.S.1929, § 20-1908; R.S.1943, § 25-1908; Laws 1951, c. 71, § 2, p. 227; Laws 1972, LB 1032, § 139.
Plain-English Summary
Section 25-1907 describes what a supersedeas undertaking in a proceeding in error must promise. Section 25-1908 describes the steps that have to happen before that undertaking takes effect. First, a petition in error must be filed in the district court. Second, the execution of the undertaking, and the sufficiency of the sureties backing it, must be approved by the judge or clerk of the court that rendered the judgment or made the order being challenged.
Once approved, the judge or clerk endorses that approval directly on the undertaking, and the undertaking is then filed in the court where the judgment was rendered or the order was made. Skipping any of these steps — filing the petition, securing approval, or filing the undertaking in the right court — leaves the underlying judgment open to enforcement.
Frequently Asked Questions
What has to happen before a stay of execution takes effect?
A petition in error must be filed in the district court, and the judge or clerk of the court that rendered the judgment must approve the undertaking’s execution and the sufficiency of its sureties.
Who approves the supersedeas undertaking?
The judge or clerk of the court in which the judgment was rendered or the order was made.
Where does the approved undertaking get filed?
In the court in which the judgment was rendered or the order was made.
How is the approval documented?
The judge or clerk endorses the approval directly upon the undertaking.
What if the judge or clerk declines to approve the sureties?
Without that approval and endorsement, the undertaking does not operate to stay execution of the judgment or order.
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: approving supersedeas undertaking nebraskasureties sufficiency proceedings in errorendorsement of bond by clerksteps to stay execution petition in error