If judgment is rendered in favor of such claimant, he shall proceed to exercise the functions of the office, after he has qualified as required by law.
§ 25-21,128.Action by claimant against incumbent of office; judgment for plaintiff; effect.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceIf the court rules for the claimant in a quo warranto contest over public office, this section lets that claimant begin performing the office’s duties as soon as he or she has met the legal qualifications required to hold it.
Full Text of § 25-21,128
Source
R.S.1867, Code § 711, p. 518; R.S.1913, § 8335; C.S.1922, § 9287; C.S.1929, § 20-21,119; R.S.1943, § 25-21,128.
Plain-English Summary
Section 25-21,128 tells a successful claimant what winning means in practice. A judgment in the claimant’s favor is not just a paper victory over the former incumbent — it clears the way for the claimant to step into the office and exercise its functions.
One condition stands between judgment and taking office: qualification. The claimant must first qualify as required by law, the same steps — an oath, a bond, a filing, whatever the particular office demands — that any successful candidate or appointee must complete before assuming duties. Only after meeting those requirements does the claimant proceed to exercise the office.
Frequently Asked Questions
Does winning a quo warranto judgment automatically put the claimant in office?
The judgment establishes the claimant’s right to the office, but the claimant must first qualify as required by law before exercising its functions.
What does "qualify as required by law" mean?
It refers to whatever oath, bond, or other formal step the law attaches to that particular office before a person may lawfully carry out its duties.
What happens to the former incumbent once the claimant qualifies?
Section 25-21,129 separately requires the court to order the former incumbent to turn over the office’s books and papers.
Can the claimant delay qualifying and still exercise the office?
No. The statute ties the right to exercise the office’s functions to first completing qualification, not to the judgment alone.
Does this section apply to franchises as well as public offices?
Its text speaks to a claimant of an office; other sections in this article address franchises and corporate privileges through their own provisions.
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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