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.
Neb. Rev. Stat. § 25-2159
Peremptory writ; when allowed in first instance
Applied in 1 court decision — leading case State Ex Rel. Shepherd v. Nebraska Equal Opportunity Commission (1997)
Most recently applied in State Ex Rel. Shepherd v. Nebraska Equal Opportunity Commission (January 1997)
R.S.1867, Code § 648, p. 508; R.S.1913, § 8274; C.S.1922, § 9227; C.S.1929, § 20-2159; Laws 1941, c. 29, § 9, p. 137; C.S.Supp.,1941, § 20-2159; R.S.1943, § 25-2159; Laws 1957, …
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.