11-114. Bonds; sureties; public officers or deputies and attorneys, ineligible.
No state or county officers, or their deputies, shall be taken as security on the bond of any administrator, executor, or other officer from whom by law bond is or may be required, and no practicing attorney shall be taken as surety on any official bond, or bond in any legal proceedings in the district in which he may reside.
Source
Annotations
A practicing attorney should not sign in a legal proceeding as surety, but if bond is approved, the attorney is estopped from alleging its invalidity and it may be enforced against him. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), judgment of affirmance vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936).
A practicing attorney is not a proper surety on an appeal bond, but bond is not invalid. Chase v. Omaha L. & T. Co., 56 Neb. 358, 76 N.W. 896 (1898).
Attorney should not become a surety upon a bond in a legal proceeding, and if he signs such a bond the clerk should not approve it. If it is approved, the surety is bound thereby. Luce v. Foster, 42 Neb. 818, 60 N.W. 1027 (1894); Tessier v. Crowley, 17 Neb. 207, 22 N.W. 422 (1885).
Structure Nebraska Revised Statutes
Chapter 11 - Bonds and Oaths, Official
11-101.01 - Oath of office; state and political subdivisions; employees; form.
11-101.02 - Oath of office; false statement; penalty.
11-101.03 - Oath; affirmation; effect.
11-102 - Bonds; state officers; form.
11-103 - Bonds; county, township, school district, precinct officers; form.
11-104 - Bonds or insurance coverage; municipal officers; form.
11-105 - Bonds and oaths; filing; time.
11-106 - Bonds; state and district officers; approval; filing; place; recording.
11-107 - Bonds; county, precinct, township officers; approval; filing; place; recording.
11-108 - Bonds; state officers; sureties; number; qualification; affidavits required.
11-109 - Bonds; county and precinct officers; sureties; number; qualification.
11-110 - Bonds; recording; copies; fee.
11-111 - Bonds; endorsement of approval required.
11-113 - Bonds; irregularities; effect.
11-114 - Bonds; sureties; public officers or deputies and attorneys, ineligible.
11-115 - Bonds; failure to furnish; show cause order; effect.
11-116 - Bonds; officers appointed to fill vacancies; requirements.
11-117 - Bonds and oaths; officers reelected, reappointed, holding over; requirements.
11-118 - Bonds; successive terms; sureties; qualification.
11-119 - Bonds; officers; penal sums.
11-121 - Bond or insurance; persons entrusted with public funds; penal sum; approval.
11-122 - Bonds; county treasurer; power of county board to require; failure to furnish; effect.
11-123 - Bonds; guaranty companies; eligibility; approval.
11-124 - Bonds; guaranty companies; failure to pay judgment; penalty.
11-125 - Bonds; county officers; premium paid by county; conditions.
11-126 - Bonds; deputies or employees of county officers; alternatives.
11-127 - Bonds; premium paid by county; manner of paying.
11-128 - Bond; State Treasurer; premium paid by state; conditions.
11-129 - Bond; premium paid by state; manner of paying.
11-130 - Bonds; suretyship; joint control of funds.
11-201.01 - Bonds or insurance; officers and employees; benefits; inure to state; exception.
11-202 - Bonds or insurance; officers and employees; premiums; payment.
11-203 - Bonds; state officers and employees; Risk Manager; file list with Clerk of the Legislature.