In an action arising on contract for the payment of money only, notwithstanding the execution of an undertaking to stay proceedings, if the defendant in error or appellee give adequate security to make restitution in case the judgment is reversed or modified, he may upon leave obtained from the court below, or a judge thereof in vacation, proceed to enforce the judgment. Such security must be an undertaking executed to the plaintiff in error by at least two sufficient sureties, to the effect that if the judgment be reversed or modified, he will make full restitution to the plaintiff in error or appellee of the money by him received under the judgment.
§ 25-1934.Money judgment; enforcement notwithstanding supersedeas; undertaking required.
Article 19: Appeals and Proceedings in Error · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a prevailing party in a contract action for money only collect on the judgment despite a supersedeas, once that party posts a two-surety restitution undertaking promising to repay the money if the judgment is later reversed or modified.
Full Text of § 25-1934
Source
R.S.1867, Code § 591, p. 498; R.S.1913, § 8206; C.S.1922, § 9159; C.S.1929, § 20-1934; R.S.1943, § 25-1934.
Plain-English Summary
A supersedeas ordinarily pauses enforcement of a judgment while an appeal is pending, but section 25-1934 gives the winning side in certain money cases a way around that pause. In an action arising on contract for the payment of money only, the defendant in error or appellee — the party who won below — can seek leave from the court below, or a judge of that court sitting in vacation, to enforce the judgment even though the losing party executed an undertaking to stay proceedings.
Getting that leave requires the prevailing party to post its own security first: an undertaking to make restitution if the judgment is reversed or modified. That undertaking has to be executed to the plaintiff in error by at least two sufficient sureties, promising that if the judgment is reversed or modified, the party who collected will make full restitution to the plaintiff in error or appellee of the money received under the judgment.
The arrangement lets the prevailing party get paid sooner, but only by shouldering the risk that the appeal succeeds — the restitution undertaking exists precisely to protect the other side if that happens.
Frequently Asked Questions
Can a winning party collect a money judgment while a supersedeas is in effect?
Yes, in an action on contract for the payment of money only, if the court below or a judge in vacation grants leave after the prevailing party posts a restitution undertaking.
What does the restitution undertaking have to promise?
That if the judgment is reversed or modified, the party who collected will make full restitution of the money received under the judgment to the plaintiff in error or appellee.
How many sureties does the restitution undertaking need?
At least two sufficient sureties.
Who grants leave to enforce the judgment despite the supersedeas?
The court below, or a judge of that court sitting in vacation.
Does this section apply to any type of civil judgment?
No. It applies specifically to an action arising on contract for the payment of money only.
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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