Neb. Rev. Stat. §§ 25-10,106
Current with changes through the 2024 First Special Legislative Session
When the property claimed has not been taken, or has been returned to the defendant by the sheriff for want of the undertaking required by section 25-1098, the action may proceed as one for damages only, and the plaintiff shall be entitled to such damages as are right and proper; but if the property be returned for want of the undertaking required by such section, the plaintiff shall pay all costs made by taking the same.
Neb. Rev. Stat. §§ 25-10,106