23-1701. Sheriff; general duties; residency; exceptions.
447 words·~2 min read·
/ne/chapter-23/23-1701A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)It is the duty of the sheriff to serve or otherwise execute, according to law, and return writs or other legal process issued by lawful authority and directed or committed to the sheriff and to perform such other duties as may be required by law. The county sheriff shall prepare and file the required annual inventory statement of county personal property in his or her custody or possession as provided in sections 23-346 to 23-350 .
(2)Except as provided in subsections
(3)and
(4)of this section, a sheriff need not be a resident of the county when he or she files for election as sheriff, but a sheriff shall reside in the county for which he or she holds office.
(3)This subsection applies to a county that does not contain a city of the metropolitan, primary, or first class. The sheriff need not be a resident of the county when he or she files for election as sheriff of such county, but when holding office, such sheriff shall reside in such county or an adjoining county.
(4)If there is no county sheriff elected pursuant to section 32-520 or if a vacancy occurs for any other reason, the county board of such county may appoint a law enforcement officer qualified pursuant to section 23-1701.01 from any Nebraska county to the office of county sheriff. In making such appointment, the county board shall enter into a contract with the appointed county sheriff, such contract to specify the terms and conditions of the appointment, including the compensation of the appointed county sheriff, which compensation shall not be subject to sections 23-1114.02 to 23-1114.06 .
In the absence of instructions from owner of judgment or his attorney not to do so, it is the duty of sheriff to levy and make return to execution placed in his hands. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946).
Where one charged with felony is out on bail, and he is charged in court of another county with another separate and distinct felony, he is not immune to arrest on second charge, and it is duty of any sheriff in whose hands is placed warrant for his arrest on the second charge to take him into custody. State ex rel. Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939).
Venue of summons, laid in county where suit started and directed to sheriff of county where defendant resided, is proper. Alden Mercantile Co. v. Randall, 102 Neb. 738, 169 N.W. 433 (1918).
Return includes certification of service and delivery of writ to office from which it issued. Graves v. Macfarland, 58 Neb. 802, 79 N.W. 707 (1899).