reglab/housing_qa huggingface dataset:
NE Code § 25-21,133 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,133 - Partial ouster, judgment of.

25-21,133.  Partial ouster, judgment of.If the defendant is found to have exercised merely certain individual powers and privileges to which he was not entitled, the judgment shall be the same as above directed, but only in relation to those particulars in which he is thus exceeding the lawful exercise of his rights and privileges.Source   R.S.1867, Code § 716, p. 518;   R.S.1913, § 8340;   C.S.1922, § 9292;   C.S.1929, § 20-21,124;   R.S.1943, § 25-21,133.
NE Code § 25-21,134 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,134 - Quo warranto; in whose name brought; costs.

25-21,134.  Quo warranto; in whose name brought; costs.When an information is upon the relation of a private individual, it shall be so stated in the complaint and proceedings, and such individual shall be responsible for costs in case they are not adjudged against the defendant. In other cases the title of the cause shall be the same as in a criminal prosecution, and the payment of costs shall be regulated by the same rule.Source   R.S.1867, Code § 717, p. 518;   R.S.1913, § 8341;   C.S.1922, § 9293;   C.S.1929, § 20-21,125;   R.S.1943, § 25-21,134;  Laws 2002, LB 876, § 48.
NE Code § 25-21,135 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,135 - Judgment against pretended corporation; costs.

25-21,135.  Judgment against pretended corporation; costs.In case judgment is rendered against a pretended, but not real, corporation, the costs may be collected from any person who has been acting as an officer or proprietor of such pretended corporation.Source   R.S.1867, Code § 718, p. 518;   R.S.1913, § 8342;   C.S.1922, § 9294;   C.S.1929, § 20-21,126;   R.S.1943, § 25-21,135.
NE Code § 25-21,136 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,136 - Dissolved corporation; trustees; appointment.

25-21,136.  Dissolved corporation; trustees; appointment.If a corporation is ousted and dissolved by the proceedings herein authorized, the court shall appoint three disinterested persons as trustees of the creditors and stockholders.Source   R.S.1867, Code § 719, p. 519;   R.S.1913, § 8343;   C.S.1922, § 9295;   C.S.1929, § 20-21,127;   R.S.1943, § 25-21,136. Annotations  Court ousting foreign corporation may appoint trustees for its creditors and stockholders. State ex rel. Spillman v. Brictson Mfg. Co., 114 Neb. 341, 207 N.W. 664 (1926), affirming 113 Neb. 781, 205 N.W. 246 (1925). State court judgment ousting foreign corporation and appointing trustees for its property in Nebraska upheld as against collateral attack in federal court. Brictson Mfg. Co. v. Close, 25 F.2d 794 (8th Cir. 1928).
NE Code § 25-21,137 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,137 - Dissolved corporation; trustees; bond.

25-21,137.  Dissolved corporation; trustees; bond.Such trustees shall enter into bond, in such a penalty and with such security as the court may approve, conditioned for the faithful discharge of their trust.Source   R.S.1867, Code § 720, p. 519;   R.S.1913, § 8344;   C.S.1922, § 9296;   C.S.1929, § 20-21,128;   R.S.1943, § 25-21,137.
NE Code § 25-21,138 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,138 - Dissolved corporation; trustees; bond, action upon.

25-21,138.  Dissolved corporation; trustees; bond, action upon.Suit may be brought on such bond by any person injured by the negligence or wrongful act of the trustees in the discharge of their duties.Source   R.S.1867, Code § 721, p. 519;   R.S.1913, § 8345;   C.S.1922, § 9297;   C.S.1929, § 20-21,129;   R.S.1943, § 25-21,138.
NE Code § 25-21,139 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,139 - Dissolved corporation; trustees; duties.

25-21,139.  Dissolved corporation; trustees; duties.The trustees shall proceed immediately to collect the debts and pay the liabilities of the corporation, and to divide the surplus among those thereto entitled.Source   R.S.1867, Code § 722, p. 519;   R.S.1913, § 8346;   C.S.1922, § 9298;   C.S.1929, § 20-21,130;   R.S.1943, § 25-21,139. Annotations  Surplus property of ousted foreign corporation should be returned to its proper officers or representatives, not to stockholders. State ex rel. Spillman v. Brictson Mfg. Co., 114 Neb. 341, 207 N.W. 664 (1926). Bankruptcy court, in summary proceeding to recover bankrupt corporation's assets from trustees appointed in state court to liquidate corporation and distribute its assets, acquired no jurisdiction, where, at time of bankruptcy, receiver of corporation was holding its assets pursuant to court order. Marcell v. Engebretson, 74 F.2d 93 (8th Cir. 1934).
NE Code § 25-21,140 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,140 - Dissolved corporation; books, papers, effects; delivery to trustees; enforcement.

25-21,140.  Dissolved corporation; books, papers, effects; delivery to trustees; enforcement.The court shall, upon an application for that purpose, order any officer of such corporation, or any other person having possession of any of the effects, books, or papers of the corporation in any wise necessary for the settlement of its affairs, to deliver up the same to the trustees.Source   R.S.1867, Code § 723, p. 519;   R.S.1913, § 8347;   C.S.1922, § 9299;   C.S.1929, § 20-21,131;   R.S.1943, § 25-21,140.
NE Code § 25-21,141 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,141 - Dissolved corporation; trustees; inventory.

25-21,141.  Dissolved corporation; trustees; inventory.As soon as practicable after their appointment, the trustees shall make and file in the office of the clerk of the court, an inventory of all the effects, rights and credits which come to their possession or knowledge, the truth of which inventory shall be sworn to.Source   R.S.1867, Code § 724, p. 519;   R.S.1913, § 8348;   C.S.1922, § 9300;   C.S.1929, § 20-21,132;   R.S.1943, § 25-21,141.
NE Code § 25-21,142 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,142 - Dissolved corporation; trustees; corporate claims and property; duty to sue; liability.

25-21,142.  Dissolved corporation; trustees; corporate claims and property; duty to sue; liability.They shall sue for and recover the debts and property of the corporation, and shall be responsible to the creditors and stockholders, respectively, to the extent of the effects which come to their hands, in the same manner as though they were the executors of a deceased person.Source   R.S.1867, Code § 725, p. 519;   R.S.1913, § 8349;   C.S.1922, § 9301;   C.S.1929, § 20-21,133;   R.S.1943, § 25-21,142.
NE Code § 25-21,143 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,143 - Ouster of corporation; liability of officers for misconduct.

25-21,143.  Ouster of corporation; liability of officers for misconduct.When judgment of ouster is rendered against a corporation on account of the misconduct of the directors or officers thereof, such officers shall be jointly and severally liable to an action by anyone injured thereby.Source   R.S.1867, Code § 726, p. 519;   R.S.1913, § 8350;   C.S.1922, § 9302;   C.S.1929, § 20-21,134;   R.S.1943, § 25-21,143.
NE Code § 25-21,144 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,144 - Quo warranto; disobedience of court order; liability; penalty.

25-21,144.  Quo warranto; disobedience of court order; liability; penalty.Any person who, without good reason, refuses to obey any order of the court as provided in sections 25-21,121 to 25-21,148 shall be deemed guilty of a contempt of court, and shall be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail until he comply with said order, and shall be further liable for the damages resulting to any person on account of his refusal to obey such order.Source   R.S.1867, Code § 727, p. 519;   R.S.1913, § 8351;   C.S.1922, § 9303;   C.S.1929, § 20-21,135;   R.S.1943, § 25-21,144.
NE Code § 25-21,145 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,145 - Quo warranto; letters patent; annulment; grounds.

25-21,145.  Quo warranto; letters patent; annulment; grounds.An action of quo warranto may be instituted in the manner contemplated in sections 25-21,121 to 25-21,148, for the purpose of annulling or vacating any letters patent granted by the proper authorities of this state, where there is reason to believe that the same were obtained by fraud, or through mistake or ignorance of a material fact, or when the patentee, or those claiming under him, have done or omitted an act in violation of the terms and conditions on which the letters were granted, or have by any other means forfeited the interest acquired under the same.Source   R.S.1867, Code § 728, p. 519;   R.S.1913, § 8352;   C.S.1922, § 9304;   C.S.1929, § 20-21,136;   R.S.1943, § 25-21,145.
NE Code § 25-21,146 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,146 - Action by claimant against incumbent of office; condition precedent.

25-21,146.  Action by claimant against incumbent of office; condition precedent.When any citizen of this state shall claim any office which is usurped, invaded or unlawfully held and exercised by another, the person so claiming such office shall have the right to file in the district court an information in the nature of a quo warranto, upon his own relation, and with or without the consent of the prosecuting attorney, and such person shall have the right to prosecute said information to final judgment; Provided, he shall have first applied to the prosecuting attorney to file the information, and the prosecuting attorney shall have refused or neglected to file the same.Source   R.S.1867, Code § 1, p. 279;   R.S.1913, § 8353;   C.S.1922, § 9305;   C.S.1929, § 20-21,137;   R.S.1943, § 25-21,146. Annotations  1. Scope of action 2. Condition precedent 3. Miscellaneous 1. Scope of action A person claiming an office that has been usurped or invaded by another may maintain an action in quo warranto. State ex rel. Brogan v. Boehner, 174 Neb. 689, 119 N.W.2d 147 (1963). Quo warranto to try title to office will lie, even though validity of election and existence of office are drawn in question. Thompson v. James, 125 Neb. 350, 250 N.W. 237 (1933). Teacher claiming to have been wrongfully dismissed may bring quo warranto to test right of successor to take his place, and force dismissal. Eason v. Majors, 111 Neb. 288, 196 N.W. 133 (1923). Quo warranto applies only to claimants of office, and is not proper action to test constitutionality of law creating office. State v. Scott, 70 Neb. 681, 97 N.W. 1021 (1904). Quo warranto should be brought in Supreme Court by Attorney General, in district court by county attorney, and by individual where officer refuses. State ex rel. Fair v. Frazier, 28 Neb. 438, 44 N.W. 471 (1890). 2. Condition precedent In a suit under this section, consent of Attorney General or county attorney is not required. Sorensen v. Swanson, 181 Neb. 205, 147 N.W.2d 620 (1967). Individual relator must allege refusal of county attorney in information. Harpham v. State ex rel. Cruse, 63 Neb. 396, 88 N.W. 489 (1901). Consent is evidenced by county attorney prosecuting action filed in relator's name. Duffy v. State ex rel. Edson, 60 Neb. 812, 84 N.W. 264 (1900). 3. Miscellaneous Private relator in statutory quo warranto contesting an election with knowledge of election irregularities may not be entitled to relief for that reason in certain circumstances. State ex rel. Genz v. Thomas, 185 Neb. 637, 177 N.W.2d 607 (1970). Relator must show better title than respondent. State ex rel. Thayer v. Boyd, 34 Neb. 435, 51 N.W. 964 (1892). Information that does not show relator's title is demurrable. State ex rel. Cooper v. Hamilton, 29 Neb. 198, 45 N.W. 279 (1890).
NE Code § 25-21,147 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,147 - Public officers; malfeasance; ouster.

25-21,147.  Public officers; malfeasance; ouster.Any county attorney or prosecuting officer, sheriff, mayor, police officer, or police commissioner, or other officer, who shall willfully fail, neglect or refuse to enforce any law which it is made his duty to enforce shall thereby forfeit his office and may be removed therefrom.Source   Laws 1907, c. 87, § 1, p. 306;   R.S.1913, § 8354;   C.S.1922, § 9306;   C.S.1929, § 20-21,138;   R.S.1943, § 25-21,147;   Laws 1972, LB 1032, § 143.  Annotations To willfully fail, neglect, or refuse to enforce a law involves more than oversight or carelessness or voluntary neglect. State ex rel. Thompson v. Donahue, 91 Neb. 311, 135 N.W. 1030 (1912).
NE Code § 25-21,148 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,148 - Public officers; malfeasance; action in Supreme Court; suspension of defendant; temporary appointment.

25-21,148.  Public officers; malfeasance; action in Supreme Court; suspension of defendant; temporary appointment.The Attorney General of the State of Nebraska or a special attorney designated by the Governor, when directed by the Governor, shall institute and prosecute quo warranto proceedings in the Supreme Court against any such county attorney or prosecuting officer, sheriff, police officer or police commissioner, mayor or other officer, who holds his office by a vote of the people. During the pendency of such proceedings such officer may by the Governor be suspended from performing the duties of his office, and temporary appointment may be made by the Governor for the performance of the duties of such office. If the court shall find that such suspended officer has willfully failed or refused to enforce any law which it is his duty as such officer to perform, then the court shall render judgment of ouster against such officer and the office shall thereby become vacant.Source   Laws 1907, c. 87, § 2, p. 306;   R.S.1913, § 8355;   C.S.1922, § 9307;   Laws 1923, c. 116, § 1, p. 277;   C.S.1929, § 20-21,139;   R.S.1943, § 25-21,148;   Laws 1965, c. 118, § 2, p. 451;   Laws 1972, LB 1032, § 44.
NE Code § 25-21,151 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,151 - Construction of contract; before or after breach.

25-21,151.  Construction of contract; before or after breach.A contract may be construed either before or after there has been a breach thereof.Source   Laws 1929, c. 75, § 3, p. 257;   C.S.1929, § 20-21,142;   R.S.1943, § 25-21,151. Annotations  A contract may be construed under Declaratory Judgments Act either before or after there has been a breach thereof. Dorland v. Dorland, 175 Neb. 233, 121 N.W.2d 28 (1963). Action is authorized after breach of contract of insurance. Hawkeye Casualty Co. v. Stoker, 154 Neb. 466, 48 N.W.2d 623 (1951).
NE Code § 25-21,152 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,152 - Fiduciary or interested person; action to declare rights.

25-21,152.  Fiduciary or interested person; action to declare rights.Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust or the estate of a decedent, an infant, person with a mental disorder, or insolvent, may have a declaration of rights or legal relation in respect thereto:(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; or(b) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or(c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.Source   Laws 1929, c. 75, § 4, p. 257;   C.S.1929, § 20-21,143;   R.S.1943, § 25-21,152;   Laws 1986, LB 1177, § 6.  Annotations  This section authorizes courts of record to construe wills. Father Flanagan's Boys' Home v. Graybill, 178 Neb. 79, 132 N.W.2d 304 (1964). Administrator of estate could bring action to determine validity of devise and bequest under will. Hipsley v Hipsley, 162 Neb. 518, 76 N.W.2d 462 (1956). A declaratory judgment may be had in probate proceedings. Rohn v. Kelley, 156 Neb. 463, 56 N.W.2d 711 (1953). Declaratory judgment proceeding was proper to determine interest of parties in cattle. Graham v. Beauchamp, 154 Neb. 889, 50 N.W.2d 104 (1951).
NE Code § 25-21,153 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,153 - Sections; not limiting or restrictive.

25-21,153.  Sections; not limiting or restrictive.The enumeration in sections 25-21,150, 25-21,151 and 25-21,152 does not limit or restrict the exercise of the general powers conferred in section 25-21,149, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.Source   Laws 1929, c. 75, § 5, p. 258;   C.S.1929, § 20-21,144;   R.S.1943, § 25-21,153. Annotations  Coverage under public liability policy could be determined. Hawkeye Casualty Co. v. Stoker, 154 Neb. 466, 48 N.W.2d 623 (1951). Affirmative relief against items of state taxation is authorized. Mid-Continent Airlines v. Nebraska State Board of Equalization and Assessment, 105 F.Supp. 188 (D. Neb. 1952).
NE Code § 25-21,154 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,154 - Declaratory judgments; when refused.

25-21,154.  Declaratory judgments; when refused.The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.Source   Laws 1929, c. 75, § 6, p. 258;   C.S.1929, § 20-21,145;   R.S.1943, § 25-21,154. Annotations  The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding. Omaha Pub. Power Dist. v. Nuclear Elec. Ins. Ltd., 229 Neb. 740, 428 N.W.2d 895 (1988); Arlington Oil Co. v. Hall, 130 Neb. 674, 266 N.W. 583 (1936); Smithberger v. Banning, 130 Neb. 354, 265 N.W. 10 (1936). Where eminent domain proceeding was pending in which question of abandonment and its effect could be determined, action for declaratory judgment on claimed abandonment should have been dismissed. Zarybnicky v. County of Gage, 196 Neb. 210, 241 N.W.2d 834 (1976). Discretionary power is conferred. Haynes v. Anderson, 163 Neb. 50, 77 N.W.2d 674 (1956). One of the purposes of the act is to terminate the controversy that gave rise to the proceedings. Custer Public Power Dist. v. Loup River Public Power Dist., 162 Neb. 300, 75 N.W.2d 619 (1956). Court will not render declaratory judgment where necessary parties have not been joined. Redick v. Peony Park, 151 Neb. 442, 37 N.W.2d 801 (1949). Statute authorizing declaratory judgment is applicable only when all interested persons are made parties to the proceeding. Ben B. Wood Realty Co. v. Wood, 132 Neb. 817, 273 N.W. 493 (1937); Southern Nebraska Power Co. v. Village of Deshler, 130 Neb. 133, 264 N.W. 462 (1936). Declaratory Judgments Act is applicable only where there is a present actual controversy and where justiciable issues are presented. Dobson v. Ocean Accident & Guarantee Corp., 124 Neb. 652, 247 N.W. 789 (1933).
NE Code § 25-21,155 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,155 - Declaratory judgments; review.

25-21,155.  Declaratory judgments; review.All orders, judgments and decrees under sections 25-21,149 to 25-21,164 may be reviewed as other orders, judgments and decrees.Source   Laws 1929, c. 75, § 7, p. 258;   C.S.1929, § 20-21,146;   R.S.1943, § 25-21,155. Annotations  Determinations of factual issues in a declaratory judgment action will not be disturbed on appeal unless they are clearly wrong. Beatrice Nat. Bank v. Southeast Neb. Co-op, 230 Neb. 671, 432 N.W.2d 842 (1988). Declaratory judgment decrees may be reviewed in the Supreme Court as are other decrees. OB-GYN v. Blue Cross, 219 Neb. 199, 361 N.W.2d 550 (1985). Examination of reviewing court will be confined to questions determined by trial court. Lickert v. City of Omaha, 144 Neb. 75, 12 N.W.2d 644 (1944).
NE Code § 25-21,156 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,156 - Pleadings; complaint; orders to show cause.

25-21,156.  Pleadings; complaint; orders to show cause.Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by complaint to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.Source   Laws 1929, c. 75, § 8, p. 258;   C.S.1929, § 20-21,147;   R.S.1943, § 25-21,156;  Laws 2002, LB 876, § 49.  Annotations  When the plaintiff's pleadings in a declaratory judgment action put the defendant on notice of the remedy sought, a trial court may order relief which is clearly within the scope of its declaratory judgment. Conversely, when a plaintiff's requested relief is not clearly within the scope of a court's declaratory judgment, the court should grant such relief only for a plaintiff's concurrent or subsequent cause of action or the plaintiff's application for supplemental relief under this section. Wetovick v. County of Nance, 279 Neb. 773, 782 N.W.2d 298 (2010). The trial court has the power to retain jurisdiction in order to grant further relief for the amounts of percentage rent as they may be determined each year until the expiration of the lease which was the subject of the declaratory judgment action. S.N. Mart, Ltd. v. Maurices Inc., 234 Neb. 343, 451 N.W.2d 259 (1990). Judgment for amount due under contract may be obtained in a declaratory judgment action. Richardson v. Waterite Co., 169 Neb. 263, 99 N.W.2d 265 (1959). Injunction against enforcing of city ordinance was properly refused. McNeil v. City of Omaha, 160 Neb. 301, 70 N.W.2d 83 (1955). Injunctive relief deemed unnecessary. Omaha Nat. Bank v. Heintze, 159 Neb. 520, 67 N.W.2d 753 (1954). Further relief may be granted to carry into effect declaratory judgment. Noble v. City of Lincoln, 158 Neb. 457, 63 N.W.2d 475 (1954).