Any person, interested in the district or in the issuance of the bonds thereof, may move to dismiss the petition or answer thereto. The provisions of the Code of Civil Procedure respecting motions and answer to a petition shall be applicable to motions and answer to the petition in such special proceedings. The persons filing motions or answering the petition shall be the defendants to the special proceedings, and the board of trustees shall be the plaintiff. Every material statement of the petition not specially controverted by the answer must, for the purpose of such special proceedings, be taken as true. Each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice provided by the Code of Civil Procedure, which are not inconsistent with the provisions of sections 39-1601 to 39-1636, are applicable to the special proceedings herein provided for.

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Terms Used In Nebraska Statutes 39-1631

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Plaintiff: The person who files the complaint in a civil lawsuit.