Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-2159 (2026)

Peremptory writ; when allowed in first instance

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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 Chief Water Officer as defined in section 25-1062.01 is a party.

Notes of Decisions
Cited in 4 cases, 1954–2020 · leading case: State ex rel. Shepherd v. Nebraska Equal Opportunity Comm'n, 557 N.W.2d 684 (Neb. 1997).
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State ex rel. Shepherd v. Nebraska Equal Opportunity Comm'n, 557 N.W.2d 684 (Neb. 1997). · cites it 4× “" Neb.Rev.Stat. § 25-2159 (Reissue 1995). In the instant case, the district court, as permitted by statute, issued the peremptory writs without first issuing alternative writs.”
Summit Fid. & Sur. Co. of Akron v. Nimtz, 64 N.W.2d 803 (Neb. 1954). · cites it 4× “Section 25-2159, R. R. S. 1943, provides: “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.”
State ex. rel. Malone v. Baldonado-Bellamy, 950 N.W.2d 81 (Neb. 2020). “We find, therefore, that any defects in the respective parties’ pleadings were waived, and that the issues raised by the parties were tried by consent.”
State ex rel. Beck v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co., 81 N.W.2d 584 (Neb. 1957). · cites it 2× “As to the peremptory writ, section 25-2159, R. R. S. 1943, contains the following: “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…”
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