The writ is either alternative or peremptory. The alternative writ must state concisely the facts showing the obligation of the defendant to perform the act, and his omission to perform it, and command him, that immediately upon the receipt of the writ, or at some other specified time, he do the act required to be performed, or show cause before the court whence the writ issued, at a specified time and place, why he has not done so; and that he then and there return the writ, with his certificate of having done as he is commanded. The peremptory writ must be in a similar form, except that the words requiring the defendant to show cause why he has not done as commanded must be omitted.
Neb. Rev. Stat. § 25-2158
Alternative and peremptory writs
Applied in 3 court decisions — leading case State Ex Rel. Shepherd v. Nebraska Equal Opportunity Commission (1997)
Most recently applied in State Ex Rel. Johnson v. Gale (July 2007)
R.S.1867, Code § 647, p. 508; R.S.1913, § 8273; C.S.1922, § 9226; C.S.1929, § 20-2158; R.S.1943, § 25-2158.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.