The writ of mandamus may be issued to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station. Though it may require an inferior tribunal to exercise its judgment, or proceed to the discharge of any of its functions, it cannot control judicial discretion.
Notes of Decisions
Henderson v. Dep't of Corr. Servs., 589 N.W.2d 520 (Neb. 1999).
· cites it 4× “Neb. Rev. Stat. § 25-2156 (Reissue 1995) states in part: “The writ of mandamus may be issued to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station.”
State ex rel. Malone v. Baldonado-Bellamy, 950 N.W.2d 81 (Neb. 2020).
· cites it 4× “2d 721, 724-25 (1960), we summarized the statutory procedure in a mandamus action as follows: The regular procedure in mandamus, after a petition therefor has been filed, is to make an application for a writ by motion supported by affidavit, whereupon the court may grant the…”
State ex rel. Lamm v. Nebraska Bd. of Pardons, 620 N.W.2d 763 (Neb. 2001).
· cites it 4× “The Lamms argue that either § 20-148 or a writ of mandamus under Neb. Rev. Stat. § 25-2156 (Reissue 1995) should be used as a remedy to cure the violation of their rights under article I, § 28.”
State ex rel. Steinke v. Lautenbaugh, 642 N.W.2d 132 (Neb. 2002).
· cites it 2× “2d 520 (1999), we held that nothing in the mandamus statutes, Neb. Rev. Stat. §§ 25-2156 to 25-2169 (Reissue 1995), indicates a legislative intent to waive sovereign immunity for mandamus actions against a state agency.”
State v. Wells, 598 N.W.2d 30 (Neb. 1999).
· cites it 2× “(Reissue 1995), or, inter alia, a mandamus action to compel the proper governing authority to enforce regulatory standards if the authority had a duty to do so, see Neb. Rev. Stat. § 25-2156 et seq. (Reissue 1995).”
State ex rel. Wright v. Pepperl, 380 N.W.2d 259 (Neb. 1986).
· cites it 4× “358 or should have limited its judgment merely to issuing a writ of mandamus because of the Revisor of Statutes’ refusal to perform a purely ministerial function. The statutes of the State of Nebraska provide for the issuance of a writ of mandamus and prescribe when and under…”
Dozler v. Conrad, 532 N.W.2d 42 (Neb. Ct. App. 1995).
· cites it 2× “Neb. Rev. Stat. § 25-2156 (Reissue 1989) states in part: “The writ of mandamus may be issued to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law specifically enjoins as a *742 duty resulting from an office, trust or station.”
State ex rel. Nelson v. Butler, 17 N.W.2d 683 (Neb. 1945).
· cites it 2× “845; Section 25-2156, R. S. 1943, provides that, “The writ of mandamus may be issued to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station.”
Young v. Dodge Cnty. Bd. of Supervisors, 493 N.W.2d 160 (Neb. 1992).
· cites it 4× “The Dodge County Board of Supervisors appeals from the *2 judgment in a bench trial of a mandamus action, see Neb. Rev. Stat. § 25-2156 et seq. (Reissue 1989), in which the district court for Dodge County ordered the board to provide public “access” to isolated real estate owned…”
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