The Attorney General or the county attorney of the proper county must file such information when directed to do so by the Governor, the Legislative Assembly, or the district court.
§ 25-21,123.Duty of Attorney General or county attorney to bring quo warranto action; when.
Article 21: Special Proceedings and Actions · Last amended 1921 · Last verified July 22, 2026
In one sentenceThis section requires the Attorney General or the proper county attorney to file a quo warranto information whenever directed to do so by the Governor, the Legislature, or the district court.
Full Text of § 25-21,123
Source
R.S.1867, Code § 706, p. 517; R.S.1913, § 8330; Laws 1921, c. 126, § 2, p. 536; C.S.1922, § 9282; C.S.1929, § 20-21,114; R.S.1943, § 25-21,123.
Plain-English Summary
Section 25-21,122 lets the Attorney General or a county attorney bring quo warranto whenever either officer thinks the case merits it. Section 25-21,123 adds a mandatory trigger on top of that discretion: when the Governor, the Legislative Assembly, or the district court directs the filing, the duty stops being optional.
Once one of those three sources gives the direction, the Attorney General or the county attorney of the proper county must file the information. The word choice matters, since the section uses “must,” turning what is otherwise a judgment call under section 25-21,122 into a required act once the direction comes from the Governor, the Legislature, or a district court.
Frequently Asked Questions
Can the Governor order the filing of a quo warranto information in Nebraska?
Yes. Section 25-21,123 requires the Attorney General or the proper county attorney to file the information when the Governor directs it.
Does the district court have authority to require this filing?
Yes. The district court is one of the three sources, along with the Governor and the Legislature, whose direction makes the filing mandatory.
Is filing quo warranto always optional for the Attorney General?
No. It is discretionary under section 25-21,122 absent a directive, but becomes a required duty once the Governor, the Legislature, or a district court directs it under this section.
Who has to comply with a directive to file under this section?
The Attorney General or the county attorney of the proper county, whichever officer receives the direction.
What happens if the Attorney General or county attorney ignores such a directive?
The section states the officer “must” file the information once directed, framing the filing as a legal duty rather than a discretionary choice.
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
Also known as: governor order quo warranto nebraskamandatory quo warranto filing dutydistrict court directs quo warrantoattorney general duty file information