The writ is either alternative or peremptory. The alternative writ must state concisely the facts showing the obligation of the defendant to perform the act, and his omission to perform it, and command him, that immediately upon the receipt of the writ, or at some other specified time, he do the act required to be performed, or show cause before the court whence the writ issued, at a specified time and place, why he has not done so; and that he then and there return the writ, with his certificate of having done as he is commanded. The peremptory writ must be in a similar form, except that the words requiring the defendant to show cause why he has not done as commanded must be omitted.

Source

  • R.S.1867, Code § 647, p. 508;
  • R.S.1913, § 8273;
  • C.S.1922, § 9226;
  • C.S.1929, § 20-2158;
  • R.S.1943, § 25-2158.

Terms Used In Nebraska Statutes 25-2158

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.