Such statement shall be filed in the clerk's office, and summons issued and served in the same manner as hereinbefore provided for the commencement of actions in the district court.
§ 25-21,125.Summons.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section tells the clerk to issue and serve the summons in a quo warranto case the same way summons issues in any other district court lawsuit, once the statement — the information — has been filed in the clerk’s office.
Full Text of § 25-21,125
Source
R.S.1867, Code § 708, p. 517; R.S.1913, § 8332; C.S.1922, § 9284; C.S.1929, § 20-21,116; R.S.1943, § 25-21,125.
Cross References
For issuance and service of summons, see Chapter 25, article 5.
Plain-English Summary
Section 25-21,125 links quo warranto to the ordinary machinery of civil litigation. Once the relator files the statement — what the rest of this article calls the information — in the clerk’s office, the clerk issues a summons and serves it the way the district court serves summons in any other civil action.
Nebraska created no separate summons procedure for quo warranto. A person or entity accused of holding an office, franchise, or corporate privilege without right gets the same notice, in the same form, delivered the same way, as a defendant in a contract or tort suit. That choice keeps quo warranto from becoming its own procedural island; the general service rules in Chapter 25, Article 5 fill in every detail this article leaves out.
Frequently Asked Questions
Does a quo warranto case start with a complaint or something else?
It starts with a statement, called an information under this article. Once that document reaches the clerk’s office, Section 25-21,125 directs the clerk to issue and serve a summons.
Is the summons in a quo warranto case different from summons in an ordinary lawsuit?
No. The section requires the same manner of issuance and service used to commence any action in the district court.
Who issues the summons?
The clerk of the district court, after the information has been filed in that office.
Where do the detailed service rules come from?
Chapter 25, Article 5 governs issuance and service of summons generally, and this section incorporates that article rather than restating it.
What happens if the summons is never served on the defendant?
The case cannot move forward against that defendant until service is completed properly, just as in any other civil action where the defendant has not been brought before the court.
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: quo warranto summonsserving the information nebraskahow a quo warranto case startssummons in an office contest lawsuitclerk issues summons quo warranto