An information may be filed against any person unlawfully holding or exercising any public office or franchise within this state, or any office in any corporation created by the laws of this state, or when any public officer has done or suffered any act which works a forfeiture of his office, or when any persons act as a corporation within this state without being authorized by law, or if, being incorporated, they do or omit acts which amount to a surrender or forfeiture of their rights and privileges as a corporation, or when they exercise powers not conferred by law.
§ 25-21,121.Quo warranto; action; against whom brought.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a Nebraska information be filed against anyone unlawfully holding or exercising a public office, a state or corporate franchise, or corporate powers, or against a public officer whose acts forfeit the office, or against people acting as, or exceeding the authority of, a corporation.
Full Text of § 25-21,121
Source
R.S.1867, Code § 704, p. 517; R.S.1913, § 8328; C.S.1922, § 9280; C.S.1929, § 20-21,112; R.S.1943, § 25-21,121.
Cross References
Domestic societies, against, violations of law, see section 44-10,101. Governor, failure to call special session of the Legislature, see section 50-126. Reclamation districts, when granted, see section 46-528. Secretary of State, failure to call special session of the Legislature, see section 50-126. Supreme Court, jurisdiction, see section 24-204.
Plain-English Summary
Section 25-21,121 opens Nebraska’s quo warranto article, the procedure for challenging someone’s right to hold power they may not be entitled to. An information, the pleading that starts this kind of case, may be filed against any person unlawfully holding or exercising a public office or franchise in the state, or an office in a corporation the state created by law.
The section also reaches public officers who have already done, or allowed, something that forfeits their office, addressing the officer who keeps acting despite having triggered a legal forfeiture. And it covers corporate overreach from both directions: people who act as a corporation without lawful authorization to do so, and people who, having been properly incorporated, do or fail to do things that amount to surrendering or forfeiting their corporate rights and privileges, or who exercise powers the law never gave them.
Taken together, the section lists five distinct triggers for a quo warranto information: unlawful office-holding, unlawful franchise-holding, officer forfeiture, unauthorized corporate activity, and corporate overreach or abandonment of corporate status. Later sections describe who can bring the information and what it has to contain.
Frequently Asked Questions
What is quo warranto used for under Nebraska law?
It challenges a person’s right to hold or exercise a public office or franchise, an office in a state-created corporation, or corporate powers not properly authorized.
Can quo warranto reach a public officer who has not been removed yet?
Yes. Section 25-21,121 covers a public officer who has done or allowed an act that works a forfeiture of the office, regardless of whether removal has occurred.
Does this section apply to businesses acting like a corporation without authorization?
Yes. It covers persons acting as a corporation within the state without being authorized by law to do so.
What if a corporation was properly formed but later overstepped its authority?
The section reaches that situation too, covering incorporated entities that do or omit acts amounting to a surrender or forfeiture of corporate rights, or that exercise powers not conferred by law.
Is quo warranto limited to public offices, or does it reach private corporate disputes as well?
It reaches both: public offices and franchises, and issues involving corporate authorization, surrender of corporate status, and powers exceeding what the law confers.
What document starts a quo warranto case in Nebraska?
An information, the pleading described in this section and detailed further in section 25-21,124.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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