The summons mentioned in section 25-1903 shall, upon the written praecipe of the plaintiff in error, or his attorney, be issued by the clerk of the court in which the petition is filed, to the sheriff of any county in which the defendant in error or his attorney of record may be; and if the writ issue to a foreign county, the sheriff thereof may return the same by mail to the clerk, and shall be entitled to the same fees as if the same had been returnable to the district court of the county in which said officer resides. The defendant in error, or his attorney, may waive in writing the issuing or service of the summons.

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Terms Used In Nebraska Statutes 25-1904

  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.