When the right to require the performance of the act is clear and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus may be allowed in the first instance. In all other cases, the alternative writ must be first issued, except that a peremptory mandamus in the first instance shall not be given in any case involving the delivery of irrigation water if the Director of Natural Resources as defined in section 25-1062.01 is a party.

Source

  • R.S.1867, Code § 648, p. 508;
  • R.S.1913, § 8274;
  • C.S.1922, § 9227;
  • C.S.1929, § 20-2159;
  • Laws 1941, c. 29, § 9, p. 137;
  • C.S.Supp.,1941, § 20-2159;
  • R.S.1943, § 25-2159;
  • Laws 1957, c. 365, § 5, p. 1234;
  • Laws 2000, LB 900, § 68.

Terms Used In Nebraska Statutes 25-2159

  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.