§ 25-1917.Appeal; substitute for undertaking.
Article 19: Appeals and Proceedings in Error · Last amended 1994 · Last verified July 22, 2026
Full Text of § 25-1917
Source
R.S.1867, Code § 589, p. 498; R.S.1913, § 8190; C.S.1922, § 9142; C.S.1929, § 20-1917; R.S.1943, § 25-1917; Laws 1994, LB 899, § 2.
Plain-English Summary
Section 25-1916 lets a judgment that directs execution of a conveyance or other instrument be stayed by a bond, government-bond deposit, or cash deposit. Section 25-1917 offers an alternative for that specific category: instead of the undertaking described in section 25-1916, the appellant may execute the conveyance or other instrument itself and deposit it with the clerk of the court that rendered the judgment or made the order.
The deposited document sits with the clerk to abide the judgment of the appellate court, taking the place of the bond or deposit that would otherwise be required. It functions as a direct substitute rather than an additional requirement layered on top of section 25-1916.
Frequently Asked Questions
Do I still need a bond if my judgment requires me to sign over a deed?
Not necessarily. Section 25-1917 lets you execute and deposit the conveyance or instrument with the clerk instead of posting the undertaking section 25-1916 describes.
Where does the executed conveyance get deposited?
With the clerk of the court that rendered the judgment or made the final order being appealed.
What happens to the deposited document while the appeal is pending?
It stays with the clerk to abide the judgment of the appellate court.
Is this an additional requirement on top of the section 25-1916 bond?
No. It is offered as a substitute for that undertaking, specifically for judgments directing execution of a conveyance or other instrument.
Does this option apply to money judgments as well?
No. It applies to the conveyance category of judgment described in subdivision (2) of section 25-1916.