The defendant shall appear and answer such information in the usual way, and issue being joined it shall be tried in the ordinary manner.
§ 25-21,126.Answer.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires the defendant in a quo warranto action to answer the information the way any civil defendant answers a petition, after which the case proceeds through the ordinary trial process once the pleadings are complete.
Full Text of § 25-21,126
Source
R.S.1867, Code § 709, p. 518; R.S.1913, § 8333; C.S.1922, § 9285; C.S.1929, § 20-21,117; R.S.1943, § 25-21,126.
Plain-English Summary
Section 25-21,126 keeps the pleading stage of quo warranto on familiar ground. The defendant must appear and answer the information "in the usual way" — the same appearance and answer practice that governs any other civil case in the district court.
Once the defendant answers and the parties join issue, the case goes to trial "in the ordinary manner." No special evidentiary rules or accelerated timetable apply just because the dispute concerns an office, a franchise, or a corporate charter rather than a debt or an injury. The legislature built quo warranto to borrow the surrounding rules of civil procedure at every stage it did not want to write from scratch.
Frequently Asked Questions
How does a defendant respond to a quo warranto information?
By appearing and answering it the same way a defendant answers a petition in any other civil action.
Does quo warranto have its own trial procedure?
No. Once the parties join issue through the pleadings, the case is tried in the ordinary manner used for other civil cases.
What does "issue being joined" mean here?
It means the pleadings have narrowed the case to the disputed facts and legal questions the defendant’s answer puts at stake, the same point at which any civil case becomes ready for trial.
Can the defendant raise defenses in the answer?
Section 25-21,126 requires only that the defendant answer in the usual way; the substance of available defenses depends on the facts and the claims raised in the information.
What happens after the answer is filed?
The case proceeds to trial in the ordinary manner, the same track that follows the close of pleadings in any other district court 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
Also known as: answering a quo warranto informationdefendant response to office disputejoining issue in quo warrantoordinary trial quo warrantoquo warranto pleading stage