Such information may be filed by the Attorney General or by the county attorney of the proper county whenever either of such officers deems it his duty so to do, except that the county attorney shall not have authority to file such information against any state officer or a judge of the district court; Provided, however, that any elector of the proper county may file such information against any person unlawfully holding or exercising the functions of any public office in the state, other than state officers or judges of the district court, whenever the county attorney of the proper county shall refuse so to do within ten days after he shall have been notified in writing by any elector that any such person is disqualified by the Constitution or the laws of the State of Nebraska to hold the office in question or to exercise the functions thereof. Any person other than the county attorney who shall institute such action shall file with such information in the office of the clerk of the district court a bond signed by a duly authorized surety company or by two resident freeholders of the county in which the action is filed, the amount of which bond shall be not less than five hundred dollars and be fixed by, and the sufficiency of the sureties thereon approved by the clerk. The bond shall be conditioned that the plaintiff shall prosecute the action without delay and that he shall pay the costs of such suit including a reasonable attorney fee to the person against whom such information is filed should the action be unsuccessful. The amount of such attorney fee shall be fixed by the court and taxed as costs in the action.
§ 25-21,122.Quo warranto; action; by whom brought; bond, when; conditions.
Article 21: Special Proceedings and Actions · Last amended 1921 · Last verified July 22, 2026
In one sentenceThis section lets the Attorney General or a county attorney file a quo warranto information, lets an elector sue certain local officeholders when the county attorney refuses after written notice, and requires anyone but the county attorney to post a five-hundred-dollar bond guaranteeing prompt prosecution and payment of costs if the case fails.
Full Text of § 25-21,122
Source
R.S.1867, Code § 705, p. 517; R.S.1913, § 8329; Laws 1921, c. 126, § 1, p. 535; C.S.1922, § 9281; C.S.1929, § 20-21,113; R.S.1943, § 25-21,122.
Plain-English Summary
Section 25-21,122 answers a practical question the previous section leaves open: who gets to file the quo warranto information? Ordinarily, it is the Attorney General or the county attorney of the proper county, whenever either officer thinks the case warrants it. But the county attorney has no authority to bring the information against a state officer or a district court judge; that check on local prosecutors stays with the Attorney General.
Private citizens get a narrower path in. Any elector of the proper county may file the information against someone unlawfully holding or exercising a public office in the state, other than a state officer or district judge, but only after the county attorney has refused to act within ten days of written notice from the elector identifying the disqualification.
Filing without the county attorney’s involvement comes with a financial safeguard. The elector, or anyone else bringing the case on their own, must post a bond of at least five hundred dollars, signed by an authorized surety company or two resident freeholders, with the amount fixed and the sureties approved by the clerk. The bond guarantees the plaintiff will prosecute without delay and, if the case fails, pay the costs and a reasonable attorney fee to the person accused, with the fee amount set by the court and taxed as costs.
Frequently Asked Questions
Who normally files a quo warranto information in Nebraska?
The Attorney General or the county attorney of the proper county, whenever either believes the case calls for it.
Can a county attorney bring quo warranto against a state officer or district judge?
No. Section 25-21,122 withholds that authority from the county attorney for state officers and district court judges.
Can a private citizen file a quo warranto information?
Yes, any elector of the proper county can, against someone unlawfully holding a local public office, but only after notifying the county attorney in writing and waiting ten days for a refusal to act.
What bond must a private citizen post to bring this kind of case?
At least five hundred dollars, signed by an authorized surety company or two resident freeholders, with the amount and sureties approved by the clerk.
What does the bond guarantee?
That the plaintiff will prosecute the action without delay, and that if the case fails, the plaintiff will pay costs and a reasonable attorney fee to the person accused.
Who sets the amount of the attorney fee if the elector’s case fails?
The court fixes that amount and taxes it as costs in the action.
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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