Neb. Rev. Stat. » Chapter 25

Neb. Rev. Stat. § 25-2157

Writ; when not issued

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The writ of mandamus may not be issued in any case where there is a plain and adequate remedy in the ordinary course of the law. It may issue on the information of the party beneficially interested.

Notes of Decisions
Cited in 15 cases, 1960–2018 · leading case: State ex rel. Rhiley v. Nebraska State Patrol
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State ex rel. Rhiley v. Nebraska State Patrol (2018) neb · cites it 2× “7 Neb. Rev. Stat. § 25-2157 (Reissue 2016).”
Dozler v. Conrad (1995) nebctapp · cites it 2× “Neb. Rev. Stat. § 25-2157 (Reissue 1989).”
Larson v. City of Omaha (1987) neb · cites it 2× “Similarly, a declaratory judgment action would be available to determine the constitutionality of the Omaha Municipal Code regarding the issuance of a permit without a prior hearing, which issue the plaintiffs sought to raise by this mandamus action.”
Olson v. County of Dakota (1987) neb · cites it 2× “Neb. Rev. Stat. § 25-2157 (Reissue 1985); Little v.”
Little v. Board of County Commissioners (1966) neb “§ 25-2157, R. R. S. 1943. Appellants seek to distinguish these cases.”
State Ex Rel. Krieger v. Board of Supervisors (1960) neb “See § 25-2157, R. R. S. 1943. What the Clay County Board of Supervisors should now do in regard to maintaining this road depends on the circumstances surrounding the situation at the pres *125 ent time.”
State Ex Rel. People for Responsible Omaha Urban Development v. Conley (1990) neb · cites it 2× “Neb. Rev. Stat. § 25-2157 (Reissue 1989); Larson v.”
Watts v. City of Omaha (1969) neb · cites it 2× “1943, provides: “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…”
State Ex Rel. Lillie v. Cosgriff Co. (1992) neb · cites it 2× “01 (Reissue 1989), in appellant’s attempt to enforce his right of inspection of the appellee corporation’s books and records.”
Singleton v. Kimball County Board of Commissioners (1979) neb “§ 25-2157, R. R. S. 1943. We have already noted that the statutes do not provide for direct appeal from the decision to deny an affidavit.”
State Ex Rel. City of Alma v. Furnas County Farms (1999) neb “Because there has been no trial on the City’s request for declaratory relief, which will necessarily involve consideration of the defenses asserted in the answer of FCF, we remand the cause to the district court for that purpose and do not reach the remaining assignments of…”
State Ex Rel. Greyhound Lines, Inc. v. City of Omaha (1988) neb · cites it 2× “The lease in question permits a third party to use the area below and the airspace above the alley in the construction of a bank building and a parking garage.”
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