reglab/housing_qa huggingface dataset:
NE Code § 25-2155 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2155 - Satisfaction or payment; certificate; recording and indexing; duties of register of deeds.

25-2155.  Satisfaction or payment; certificate; recording and indexing; duties of register of deeds.It shall be the duty of the register of deeds on receipt of the certificate mentioned in section 25-2154 to enter the same upon his numerical index, and record the same in the mortgage record of his office.Source   Laws 1887, c. 63, § 2, p. 564;   R.S.1913, § 5615;   C.S.1922, § 4934;   C.S.1929, § 26-1011;   R.S.1943, § 25-2155.
NE Code § 25-2158 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2158 - Alternative and peremptory writs.

25-2158.  Alternative and peremptory writs.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.Source   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. Annotations  Alternative writ should contain an order to show cause. State ex rel. Krieger v. Board of Supervisors of Clay County, 171 Neb. 117, 105 N.W.2d 721 (1960). Two types of writs of mandamus are recognized and defined. State ex rel. Beck v. Chicago, St. P., M. & O. Ry. Co., 164 Neb. 60, 81 N.W.2d 584 (1957). Nothing can be contained in the peremptory writ that is not embraced in the alternative writ. State ex rel. Shriver v. Karr, 64 Neb. 514, 90 N.W. 298 (1902). Peremptory writ must conform strictly to command of alternative writ and clearly show duty to be performed. Laflin v. State ex rel. Gray, 49 Neb. 614, 68 N.W. 1022 (1896). Alternative writ must state all facts necessary to justify order sought. State ex rel. Mitchell v. School Dist. No. 9 of York County, 8 Neb. 92 (1878).
NE Code § 25-2159 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2159 - Peremptory writ; when allowed in first instance.

25-2159.  Peremptory writ; when allowed in first instance.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 Director of Natural Resources as defined in section 25-1062.01 is a party.Source   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, c. 365, § 5, p. 1234;  Laws 2000, LB 900, § 68.  Annotations  When right to writ is clear and no excuse can be given for failure to perform duty, peremptory writ may be issued. State ex rel. Krieger v. Board of Supervisors of Clay County, 171 Neb. 117, 105 N.W.2d 721 (1960). Peremptory writ may be issued without notice only where court can take judicial notice that a valid excuse is impossible. State ex rel. Beck v. Chicago, St. P., M. & O. Ry. Co., 164 Neb. 60, 81 N.W.2d 584 (1957). Peremptory writ without notice should be issued only where legal right to it is clearly shown. Summit Fidelity & Surety Co. v. Nimtz, 158 Neb. 762, 64 N.W.2d 803 (1954). A peremptory writ of mandamus may issue without notice only where there is no room for controversy as to the right of the applicant thereto, and where judicial notice can be taken that a valid excuse for failure to act cannot be given. State ex rel. Platte Valley Irr. Dist. v. Cochran, 139 Neb. 324, 297 N.W. 587 (1941). Peremptory writ cannot issue without notice unless court can take judicial notice that defense is impossible. State ex rel. Chicago & N. W. Ry. Co. v. Harrington, 78 Neb. 395, 110 N.W. 1016 (1907). Relator's right and respondent's duty must clearly appear. State ex rel. Niles v. Weston, 67 Neb. 175, 93 N.W. 182 (1903). Peremptory writ may issue against public officer without notice but not against officer of private corporation. Horton v. State ex rel. Hayden, 60 Neb. 701, 84 N.W. 87 (1900). Court may grant peremptory writ at chambers only when right is clear. Mayer v. State ex rel. Wilkinson, 52 Neb. 764, 73 N.W. 214 (1897). When facts are disputed on hearing to show cause, alternative writ should issue. American Waterworks Co. v. State ex rel. O'Connor, 31 Neb. 445, 48 N.W. 64 (1891).
NE Code § 25-2160 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2160 - Peremptory writ; motion; affidavit required; notice; order to show cause; actions involving irrigation water.

25-2160.  Peremptory writ; motion; affidavit required; notice; order to show cause; actions involving irrigation water.The motion for the writ must be made upon affidavit. The court may require a notice of the application to be given to the adverse party, may grant an order to show cause why it should not be allowed, or may grant the writ without notice. No peremptory writ of mandamus shall be allowed in any case involving the delivery of irrigation water if the Director of Natural Resources, as defined in section 25-1062.01, is a party unless notice by either registered or certified mail has been given, as provided therein, seventy-two hours prior to the time of hearing to the director and division supervisor in the water division created by section 61-212 in which the action is brought and to all appropriators whose rights to the delivery of water might in any manner be affected, of the time and place of the hearing. In such case, any person, natural or artificial, injured or likely to be injured by the granting of such writ, may intervene in such action at any stage of the proceedings and become a party to such litigation.Source   R.S.1867, Code § 649, p. 508;   R.S.1913, § 8275;   C.S.1922, § 9228;   C.S.1929, § 20-2160;   Laws 1941, c. 29, § 10, p. 137;   C.S.Supp.,1941, § 20-2160;   R.S.1943, § 25-2160;   Laws 1957, c. 242, § 20, p. 831;   Laws 1957, c. 365, § 6, p. 1235;  Laws 2000, LB 900, § 69.  Annotations  A verification which is a part of an affidavit upon which a writ of mandamus is sought must be positively verified, and a verification based upon mere belief is inadequate. State ex rel. Van Cleave v. City of No. Platte, 213 Neb. 426, 329 N.W.2d 358 (1983). To sustain an application for mandamus, motion for the writ must be made upon affidavit. Little v. Board of County Commissioners of Cherry County, 179 Neb. 655, 140 N.W.2d 1 (1966). If no alternative writ has been granted, case may be heard on petition and response thereto. State ex rel. Krieger v. Board of Supervisors of Clay County, 171 Neb. 117, 105 N.W.2d 721 (1960). Petition must be filed, and writ allowed by judge. State ex rel. Hansen v. Carrico, 86 Neb. 448, 125 N.W. 1110 (1910). Action is not begun until motion and affidavit, or petition verified positively, filed. State ex rel. Chicago & N. W. Ry. Co. v. Harrington, 78 Neb. 395, 110 N.W. 1016 (1907). Affidavit upon information and belief is insufficient but is amendable. Steidl v. State ex rel. School Dist. of the City of Crete, 63 Neb. 695, 88 N.W. 853 (1902). Writ issues upon motion supported by affidavit. State ex rel. Otto v. Commissioners of Lancaster County, 49 Neb. 51, 68 N.W. 336 (1896). Application must show prior demand and refusal, and facts showing legal duty of respondent. Kemerer v. State ex rel. Garber, 7 Neb. 130 (1878).
NE Code § 25-2161 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2161 - Writ; endorsement of allowance; service; neglect to return; penalty.

25-2161.  Writ; endorsement of allowance; service; neglect to return; penalty.The allowance of the writ must be endorsed thereon, signed by a judge of the court granting it, and the writ must be served personally upon the defendant. If the defendant duly served neglects to return the same, he shall be proceeded against, as for a contempt.Source   R.S.1867, Code § 650, p. 508;   R.S.1913, § 8276;   C.S.1922, § 9229;   C.S.1929, § 20-2161;   R.S.1943, § 25-2161. Annotations This section does not authorize judge to issue writ. Clerk of district court issues writ, authenticated by seal of the court. State ex rel. Hansen v. Carrico, 86 Neb. 448, 125 N.W. 1110 (1910).
NE Code § 25-2162 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2162 - Alternative writ; answer.

25-2162.  Alternative writ; answer.On the return day of the alternative writ, or such further day as the court may allow, the party on whom the writ shall have been served may show cause, by answer made, in the same manner as an answer to a complaint in a civil action.Source   R.S.1867, Code § 651, p. 508;   R.S.1913, § 8277;   C.S.1922, § 9230;   C.S.1929, § 20-2162;   R.S.1943, § 25-2162;  Laws 2002, LB 876, § 40.  Annotations The alternative writ and answer thereto constitute the pleadings. State ex rel. Krieger v. Board of Supervisors of Clay County, 171 Neb. 117, 105 N.W.2d 721 (1960).
NE Code § 25-2163 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2163 - Peremptory writ; when issued; failure to answer, effect; pleading new matter, effect.

25-2163.  Peremptory writ; when issued; failure to answer, effect; pleading new matter, effect.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.Source   R.S.1867, Code § 652, p. 508;   R.S.1913, § 8278;   C.S.1922, § 9231;   C.S.1929, § 20-2163;   R.S.1943, § 25-2163. Annotations  The issuance of a peremptory writ of mandamus under this section because of a respondent's failure to answer the alternative writ is the equivalent of a default judgment. State ex rel. Unger v. State, 293 Neb. 549, 878 N.W.2d 540 (2016). If no answer is filed to alternative writ, peremptory writ must be allowed. State ex rel. Krieger v. Board of Supervisors of Clay County, 171 Neb. 117, 105 N.W.2d 721 (1960). Plaintiff may avail himself of any valid objection to new matter contained in the answer. State ex rel. Seth Thomas Clock Co. v. Board of County Commissioners of Cass County, 60 Neb. 566, 83 N.W. 733 (1900).
NE Code § 25-2164 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2164 - Pleadings; trial.

25-2164.  Pleadings; trial.No other pleading or written allegation is allowed than the writ and answer. These are the pleadings in the case, and have the same effect and are to be construed and may be amended in the same manner as pleadings in a civil action; and the issues thereby joined must be tried, and the further proceedings thereon had in the same manner as in a civil action.Source   R.S.1867, Code § 653, p. 508;   R.S.1913, § 8279;   C.S.1922, § 9232;   C.S.1929, § 20-2164;   R.S.1943, § 25-2164. Annotations  1. Pleadings 2. Trial 1. Pleadings The alternative writ and the answer constitute the pleadings. State ex rel. Krieger v. Board of Supervisors of Clay County, 171 Neb. 117, 105 N.W.2d 721 (1960). Where no ruling was made on demurrer to return and trial was had, demurrer was held to have been waived. State ex rel. League of Municipalities v. Loup River Public Power Dist., 158 Neb. 160, 62 N.W.2d 682 (1954). Difference between alternative and peremptory writ did not prejudice defendant. State ex rel. City of Grand Island v. Union Pacific R. R. Co., 152 Neb. 772, 42 N.W.2d 867 (1950). In mandamus proceedings no pleading is authorized other than writ and the answer; intervention should be denied. State ex rel. Randall v. Hall, 125 Neb. 236, 249 N.W. 756 (1933). Demurrer to alternative writ is irregular, but is treated as admission of facts alleged in writ. State ex rel. Glatfelter v. Hart, 106 Neb. 61, 182 N.W. 567 (1921). Demurrer is proper method to assail defective petition for mandamus. State ex rel. Kelley v. Ferguson, 95 Neb. 63, 144 N.W. 1039 (1914). Demurrer is proper to test sufficiency of petition. City of Crawford v. Darrow, 87 Neb. 494, 127 N.W. 891 (1910). Issuance of new writ to amend old is not commencement of new action. Kas v. State ex rel. School Dist. No. 1 of Sarpy County, 63 Neb. 581, 88 N.W. 776 (1902). No pleading other than writ and the answer is allowed. State ex rel. Wayne County v. Russell, 51 Neb. 774, 71 N.W. 785 (1897). Upon defendant's demurrer, writ only is considered. King v. State ex rel. School Dist. No. 1 of Hall County, 50 Neb. 66, 69 N.W. 307 (1896). Material averment in application, not denied in the answer, must be taken as true. State ex rel. Marquett, Deweese & Hall v. Baushausen, 49 Neb. 558, 68 N.W. 950 (1896). 2. Trial Mandamus is law action, and motion for new trial is necessary. State ex rel. McKee v. Porter, 90 Neb. 233, 133 N.W. 189 (1911). Liberal rules of amendment provided by code apply to mandamus proceeding. State ex rel. Shriver v. Karr, 64 Neb. 514, 90 N.W. 298 (1902). Jury trial is not demandable as matter of right. Mayer v. State ex rel. Wilkinson, 52 Neb. 764, 73 N.W. 214 (1897). Facts cannot be tried on affidavits over objection. American Waterworks Co. v. State ex rel. O'Connor, 31 Neb. 445, 48 N.W. 64 (1891). A motion for summary judgment is a proper procedural device in an action for a writ of mandamus. Russell v. Clarke, 15 Neb. App. 221, 724 N.W.2d 840 (2006).
NE Code § 25-2165 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2165 - Judgment for plaintiff; damages; peremptory writ granted; costs and attorney's fees, authorized.

25-2165.  Judgment for plaintiff; damages; peremptory writ granted; costs and attorney's fees, authorized.If judgment be given for the plaintiff, he or she shall recover the damages which he or she shall have sustained, to be ascertained by the court or a jury, or by referees, in a civil action, and a peremptory mandamus shall also be granted to him or her without delay. In addition to damages the court may also award costs and reasonable attorney's fees. The costs and attorney's fees shall be paid by the governmental body represented by the public official or employee.Source   R.S.1867, Code § 654, p. 509;   R.S.1913, § 8280;   C.S.1922, § 9233;   C.S.1929, § 20-2165;   R.S.1943, § 25-2165;   Laws 1981, LB 120, § 1;   Laws 1981, LB 273, § 30.  Annotations  The right of a plaintiff to an award of attorney fees is dependent upon the plaintiff's having recovered judgment. State ex rel. PROUD v. Conley, 236 Neb. 122, 459 N.W.2d 222 (1990). Attorney's fee is not allowable as "damages" where judgment is given for plaintiff hereunder. State ex rel. Charvat v. Sagl, 119 Neb. 374, 229 N.W. 118 (1930).
NE Code § 25-2166 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2166 - Recovery of damages; effect upon right of action.

25-2166.  Recovery of damages; effect upon right of action.A recovery of damages by virtue of this chapter, against a party, who shall have made a return to a writ of mandamus, is a bar to any other action against the same party for the making of such return.Source   R.S.1867, Code § 655, p. 509;   R.S.1913, § 8281;   C.S.1922, § 9234;   C.S.1929, § 20-2166;   R.S.1943, § 25-2166.
NE Code § 25-2167 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2167 - Peremptory writ directed to public officials; imposition of fine; payment; effect.

25-2167.  Peremptory writ directed to public officials; imposition of fine; payment; effect.Whenever a peremptory mandamus is directed to any public officer, body or board, commanding the performance of any public duty, specially enjoined by law, if it appear to the court that such officer, or any member of such body or board, has without just excuse refused or neglected to perform the duty so enjoined, the court may impose a fine not exceeding five hundred dollars upon every such officer, or member of such body or board. Such fine, when collected, shall be paid into the treasury of the county where the duty ought to have been performed; and the payment thereof is a bar to an action for any penalty incurred by such officer, or member of such body or board, by reason of his refusal or neglect to perform the duty so enjoined.Source   R.S.1867, Code § 656, p. 509;   R.S.1913, § 8282;   C.S.1922, § 9235;   C.S.1929, § 20-2167;   R.S.1943, § 25-2167.
NE Code § 25-2168 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2168 - Right of private persons to bring action.

25-2168.  Right of private persons to bring action.Any private person may on his own relation sue out writs of mandamus without application to the prosecuting attorney.Source   R.S.1867, Code § 2, p. 279;   R.S.1913, § 8283;   C.S.1922, § 9236;   C.S.1929, § 20-2168;   R.S.1943, § 25-2168. Annotations  Private person may on his own relation bring mandamus action. McFarland v. State, 165 Neb. 487, 86 N.W.2d 182 (1957). Writ is issued in name of state, upon relation of party seeking relief. City of Crawford v. Darrow, 87 Neb. 494, 127 N.W. 891 (1910). Party may bring mandamus in name of state on his relation. State ex rel. Levy v. Spicer, 36 Neb. 469, 54 N.W. 849 (1893).
NE Code § 25-2169 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2169 - Action by private person; costs.

25-2169.  Action by private person; costs.Private persons suing out writs of mandamus, under the provisions of sections 25-2156 to 25-2168, shall be liable for costs as in civil cases.Source   R.S.1867, Code § 3, p. 279;   R.S.1913, § 8284;   C.S.1922, § 9237;   C.S.1929, § 20-2169;   R.S.1943, § 25-2169.
NE Code § 25-2170.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2170.01 - Who may compel partition.

25-2170.01.  Who may compel partition.Any joint owner of any real estate or of any interest therein or of any mineral, coal, petroleum, or gas rights, whether held in fee or by lease or otherwise, may compel a partition thereof in the manner provided in sections 25-2170 to 25-21,111.Source  Laws 1951, c. 72, § 1(1), p. 228. Annotations  Partition, if well founded, is an absolute right, and a conservator need not obtain a license to so act. Cofer v. Perkins, 199 Neb. 327, 258 N.W.2d 807 (1977). A life tenant who owns no other interest in the property cannot compel partition over objection of remaindermen. Dixon v. Dixon, 189 Neb. 212, 202 N.W.2d 180 (1972). Action to partition mineral interests in lands was authorized by this section. Phillips v. Phillips, 170 Neb. 733, 104 N.W.2d 52 (1960). Lessee for term of years holding an entire interest in lease has no leasehold to partition. Hartman v. Drake, 166 Neb. 87, 87 N.W.2d 895 (1958).
NE Code § 25-2171 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2171 - Complaint; unknown owners or interests; allegations.

25-2171.  Complaint; unknown owners or interests; allegations.If the number of shares or interests is known, but the owners thereof are unknown, or if there are, or are supposed to be, any interests which are unknown, contingent or doubtful, these facts shall be set forth in the complaint with reasonable certainty.Source   R.S.1867, Code § 803, p. 538;   R.S.1913, § 8286;   C.S.1922, § 9239;   C.S.1929, § 20-2171;   R.S.1943, § 25-2171;  Laws 2002, LB 876, § 42.
NE Code § 25-2172 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2172 - Parties; lienholders.

25-2172.  Parties; lienholders.Creditors having a specific or general lien upon all or any portion of the property may or may not be made parties, at the option of the plaintiff.Source   R.S.1867, Code § 804, p. 538;   R.S.1913, § 8287;   C.S.1922, § 9240;   C.S.1929, § 20-2172;   R.S.1943, § 25-2172. Annotations  Plaintiff in partition suit may at his option make holder of tax lien a party to the suit. Fairley v. Kemper, 174 Neb. 565, 118 N.W.2d 754 (1962). Creditor having a specific or a general lien upon property being partitioned may or may not be made a party at the option of the plaintiff. Majerus v. Santo, 143 Neb. 774, 10 N.W.2d 608 (1943).
NE Code § 25-2173 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2173 - Liens upon undivided interests; lien for costs paramount.

25-2173.  Liens upon undivided interests; lien for costs paramount.If the lien is upon one or more undivided interests of any of the parties, it shall, after partition or sale, remain a charge upon those particular interests or the proceeds thereof. But the due proportion of costs is a charge upon those interests paramount to all other liens.Source   R.S.1867, Code § 805, p. 538;   R.S.1913, § 8288;   C.S.1922, § 9241;   C.S.1929, § 20-2173;   R.S.1943, § 25-2173. Annotations Proceeds are not exempt as personalty against judgment lien. First Nat. Bank of Albion v. Snyder, 2 Neb. Unof. 136, 96 N.W. 285 (1901).
NE Code § 25-2174 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2174 - Answer; contents.

25-2174.  Answer; contents.The answers of the defendants must state, among other things, the amount and nature of their respective interests. They may deny the interest of any of the plaintiffs, and by supplemental pleading, if necessary, may deny the interests of any of the other defendants.Source   R.S.1867, Code § 806, p. 538;   R.S.1913, § 8289;   C.S.1922, § 9242;   C.S.1929, § 20-2174;   R.S.1943, § 25-2174. Annotations Where plaintiff bases action on legal title, defendant may set up in answer equitable defense thereto. Lynch v. Lynch, 18 Neb. 586, 26 N.W. 390 (1886).
NE Code § 25-2176 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2176 - Trial; costs.

25-2176.  Trial; costs.Issues may thereupon be joined and tried between any of the contesting parties, the question of costs on such issues being regulated between the contestants agreeably to the principles applicable to other cases.Source   R.S.1867, Code § 808, p. 538;   R.S.1913, § 8291;   C.S.1922, § 9244;   C.S.1929, § 20-2176;   R.S.1943, § 25-2176. Annotations Issues may be joined and trial had between any of contesting parties to the suit. Fairley v. Kemper, 174 Neb. 565, 118 N.W.2d 754 (1962).
NE Code § 25-2177 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2177 - Trial; proof.

25-2177.  Trial; proof.Each of the parties appearing, whether as plaintiff or defendant, must exhibit his documentary proof of title, if he has any, and must file the same, or copies thereof, with the clerk.Source   R.S.1867, Code § 809, p. 539;   R.S.1913, § 8292;   C.S.1922, § 9245;   C.S.1929, § 20-2177;   R.S.1943, § 25-2177. Cross References  Abstracts of title, when used as evidence, see section 25-1292.Annotations  Method of proving claims of both plaintiffs and defendants is provided. Fairley v. Kemper, 174 Neb. 565, 118 N.W.2d 754 (1962). In partition suit, each party must exhibit his documentary proof of title. Frankenberger v. Holm, 154 Neb. 80, 46 N.W.2d 901 (1951). Filing documentary evidence is not jurisdictional. Kazebeer v. Nunemaker, 82 Neb. 732, 118 N.W. 646 (1908).