Nebraska Statutes 25-2163. Peremptory writ; when issued; failure to answer, effect; pleading new matter, effect
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If no answer be made, a peremptory mandamus must be allowed against the defendant. If an answer be made containing new matter, the same shall not in any respect conclude the plaintiff, who may, on the trial or other proceeding, avail himself of any valid objection to its sufficiency, or may countervail it by proof, either in direct denial or by way of avoidance.
Source
- R.S.1867, Code § 652, p. 508;
- R.S.1913, § 8278;
- C.S.1922, § 9231;
- C.S.1929, § 20-2163;
- R.S.1943, § 25-2163.
Terms Used In Nebraska Statutes 25-2163
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.