On October 26, 1957, the writer of this paper received a letter from the Chairman of the Judicial Council enclosing a copy of a communication sent to all the members of the Judicial Council suggesting the consideration by the Council of the advisability of seeking an amendment to Section 25-530 of the Nebraska Revised Statutes to provide for venue of actions against nonresident defendants growing out of damages caused by the operation of motor vehicles by such nonresidents of Nebraska while using the public highways of this state in the county in which the accident and damages occurred. The letter suggests that under present Nebraska laws, such a nonresident, when not physically present in Nebraska, can only be found in Lancaster County, Nebraska, where the Secretary of State of the State of Nebraska, his statutory agent, resides. The letter further states that several district judges in this state have held that such actions may be brought only in Lancaster County, Nebraska. A determination of the question as to whether an action against a nonresident of the State of Nebraska for damages caused by such nonresident in the operation of a motor vehicle upon the public streets or highways of Nebraska can be brought in any county other than Lancaster County, the residence of the statutory agent of the nonresident requires the examination and consideration of five sections of Nebraska statutes, to-wit: Sections 25-408, 25-409, 25-504, 25-521, and 25-530.
R. H. Beatty,
Section 25-530—Venue or Jurisdiction?,
37 Neb. L. Rev. 587
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