When an appeal shall be dismissed or when judgment shall be entered in the district court against the appellant, the sureties in the undertaking shall be liable to the appellee for the amount of the judgment, interest, and costs recovered against the appellant, but not to exceed the amount of the undertaking.
§ 25-2735.Appeal; surety; liability.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 1981 · Last verified July 22, 2026
In one sentenceWhen a county court appeal is dismissed or the district court rules against the appellant, the sureties who signed the appeal undertaking become liable to the appellee for the judgment, interest, and costs, but never more than the undertaking’s face amount.
Full Text of § 25-2735
Source
Laws 1981, LB 42, § 8; R.S.1943, (1985), § 24-541.08.
Plain-English Summary
An appeal from county court usually requires the appellant to post an undertaking — a promise, backed by sureties, that the appellee will be made whole if the appeal does not pan out. This section is what gives that promise teeth. If the appeal is dismissed, or if the district court enters judgment against the appellant, the sureties become liable to the appellee for the amount of the judgment, along with interest and costs recovered against the appellant.
That liability has a ceiling: the sureties never owe more than the amount of the undertaking they signed. The rule protects an appellee who wins in county court from having that victory tied up on appeal without any way to collect if the appeal fails, while also giving sureties a known, fixed limit on their exposure when they agree to back someone’s appeal.
Frequently Asked Questions
What triggers a surety’s liability under this section?
Either the dismissal of the appeal or a district court judgment entered against the appellant. Either event makes the sureties on the appeal undertaking liable to the appellee.
Is there a limit on what a surety has to pay?
Yes. The surety’s liability cannot exceed the amount of the undertaking, no matter how large the judgment, interest, and costs turn out to be.
Who benefits from the appeal undertaking requirement?
The appellee. It gives the party who won in county court a source of recovery even if the appellant cannot pay the judgment personally once the appeal is over.
Does the surety cover interest and costs, or only the original judgment?
All three — the judgment, the interest, and the costs recovered against the appellant — count toward the surety’s liability, subject to the undertaking’s cap.
Why does Nebraska require sureties on a county court appeal in the first place?
The undertaking gives the prevailing party in county court some assurance that the appeal will not merely delay payment without any real means of collecting if the appellant loses again.
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: appeal bond liability nebraskasurety on county court appealappeal undertaking dismissed nebraskawho pays if a county court appeal fails