Nebraska Revised Statutes
Neb. Rev. Stat. § 25-2163 (2026)
Peremptory writ; when issued; failure to answer, effect; pleading new matter, effect
✓ current as of July 2026
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If no answer be made, a peremptory mandamus must be allowed against the defendant. If an answer be made containing new matter, the same shall not in any respect conclude the plaintiff, who may, on the trial or other proceeding, avail himself of any valid objection to its sufficiency, or may countervail it by proof, either in direct denial or by way of avoidance.
Notes of Decisions
Cited in 3
cases, 1960–2020 · leading case: State ex rel. Unger v. State, 878 N.W.2d 540 (Neb. 2016).
State ex rel. Unger v. State, 878 N.W.2d 540 (Neb. 2016). “Under Neb. Rev. Stat. § 25-2162 (Reissue 2008), the parties on whom the alternative writ is served “may show cause, by answer made, in the same manner as an answer to a complaint in a civil action.”
State Ex Rel. Krieger v. Bd. of Supervisors, 105 N.W.2d 721 (Neb. 1960). “Relators’ counsel excepted to this ruling, contending that under sections 25-2163 and 25-2164, R. R. S. 1943, they were entitled to a peremptory writ of mandamus because respondent had failed to answer.”
State ex. rel. Malone v. Baldonado-Bellamy, 307 Neb. 549 (Neb. 2020). “§ 25-2163 . . . . Generally, when a hearing on an application is ordered and notice thereof given or an order to show cause has been issued and served and a return in either situation presents an issue or issues of fact, the court should not try such issue or issues at that…”
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