A judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency.
§ 25-2102.Further action; authorized.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceA judgment against an officer or administrator for one act of misconduct does not stop the same party, or anyone else with a claim, from suing on the same bond or insurance policy for a separate, later delinquency.
Full Text of § 25-2102
Source
R.S.1867, Code § 644, p. 507; R.S.1913, § 8217; C.S.1922, § 9170; C.S.1929, § 20-2102; R.S.1943, § 25-2102.
Plain-English Summary
A bond or commercial insurance policy typically backs an entire term of office or administration, not a single incident. Section 25-2102 makes clear that winning a judgment on one delinquency does not use up the security for everyone else who might later be harmed. If the officer or administrator forfeits the bond again through a different act of misconduct or neglect, the door to a new lawsuit stays open.
That protection runs both ways: the same injured party can sue again for a new delinquency, and a different injured party can sue on the same bond even after someone else already recovered a judgment. What matters is that the second lawsuit rests on a separate forfeiture, not a second attempt to relitigate the first one.
Frequently Asked Questions
Does a judgment on a bond use up the security for future claims?
No. Section 25-2102 states that a judgment for one delinquency does not preclude an action on the same security for another delinquency.
Can the same person sue twice on the same bond?
Yes, as long as the second lawsuit is based on a separate delinquency rather than the one already decided.
Can a different person sue after someone else already won a judgment on the bond?
Yes. The section allows the same or another party to bring an action on the same security for another delinquency.
What has to be different between the first and second lawsuits?
The delinquency. Each suit must be tied to its own act of misconduct or neglect, not a repeat of the one already litigated.
Why does Nebraska allow more than one suit on the same bond?
Because the bond secures an entire term of service, and treating one judgment as closing off all future claims would leave later victims of the same officer’s misconduct without a remedy.
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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