In all actions of forcible entry and detention as well as of forcible detention only, notwithstanding the execution of an undertaking or filing of a proper cash bond for supersedeas or appeal, the judgment for restitution of the premises may be enforced, in the discretion of the court, or a judge thereof in vacation, upon the execution of a bond with sufficient surety, to defendant, or the deposit of a cash bond in such sum as the court shall fix, conditioned that in case the plaintiff shall finally be defeated he will pay the defendant his costs and all damages he may have suffered by reason of the execution of the judgment, the bond to be approved by the court or judge.
§ 25-21,235.Forcible entry and detainer; restitution notwithstanding appeal; bond; conditions.
Article 21: Special Proceedings and Actions · Last amended 1972 · Last verified July 22, 2026
In one sentenceEven after a tenant posts a supersedeas bond to appeal, the court may still allow the landlord to enforce a restitution judgment right away, at its discretion, if the landlord posts a bond or cash deposit, set by the court, conditioned on paying the tenant’s costs and damages should the landlord ultimately lose.
Full Text of § 25-21,235
Source
Laws 1929, c. 82, § 133, p. 313; C.S.1929, § 22-1217; R.S.1943, § 26-1,134; Laws 1972, LB 1032, § 84; R.S.1943, (1985), § 24-584.
Plain-English Summary
Section 25-21,235 gives the court one more tool after an appeal has been taken and a supersedeas bond posted under section 25-21,234. Notwithstanding that undertaking or cash bond, the judgment for restitution can still be enforced, in the discretion of the court or a judge in vacation.
To enforce the judgment despite the pending appeal, the landlord executes a bond with sufficient surety to the defendant, or deposits a cash bond in whatever sum the court fixes. That bond is conditioned on the plaintiff paying the defendant’s costs and any damages the defendant suffers from the execution of the judgment, if the plaintiff is ultimately defeated on appeal. The court or judge must approve the bond before enforcement proceeds on this basis.
Frequently Asked Questions
Can a landlord evict a tenant even while an appeal is pending?
Yes, at the court’s discretion, if the landlord posts a bond or cash deposit set by the court under section 25-21,235.
What does the landlord’s bond protect against?
The tenant’s costs and any damages suffered because of the execution of the judgment, payable if the landlord is ultimately defeated on appeal.
Who sets the amount of the landlord’s bond?
The court fixes the sum for the cash bond, or approves the surety on the bond given to the defendant.
Does this override the tenant’s supersedeas bond under section 25-21,234?
Yes. The court retains discretion to allow enforcement notwithstanding the appellant’s undertaking or cash bond for supersedeas or appeal.
Does only a sitting court have this discretion, or can a single judge decide?
Either the court or a judge in vacation may exercise this discretion.
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: evicting a tenant during appeal nebraskalandlord bond to enforce eviction pending appealrestitution despite supersedeas bond nebraskacourt discretion enforce eviction during appealeviction bond protecting tenant against damages