The court, after such judgment, shall order the defendant to deliver over all books and papers in his custody or under his control belonging to said office.
§ 25-21,129.Action by claimant against incumbent of office; judgment for plaintiff; delivery of books and papers.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceAfter a claimant wins a judgment for an office, this section requires the court to order the ousted defendant to hand over every book and paper belonging to that office that remains in the defendant’s custody or control.
Full Text of § 25-21,129
Source
R.S.1867, Code § 712, p. 518; R.S.1913, § 8336; C.S.1922, § 9288; C.S.1929, § 20-21,120; R.S.1943, § 25-21,129.
Plain-English Summary
A courtroom victory means little if the losing officeholder walks away with the office’s records. Section 25-21,129 closes that gap. After judgment for the claimant, the court orders the defendant to deliver over all books and papers in his custody or under his control that belong to the office.
The order reaches beyond documents in the defendant’s physical possession at the moment of judgment. It covers anything under the defendant’s control, so a former officeholder cannot avoid the order by handing records to a third party or claiming they sit somewhere else. The point is to let the new officeholder pick up where the old one left off, with the full paper trail the office generated.
Frequently Asked Questions
What must the court do after ruling for the claimant?
Order the defendant to deliver over all books and papers belonging to the office that are in the defendant’s custody or under the defendant’s control.
Does the order cover only papers physically in the defendant’s possession?
No. It reaches papers under the defendant’s control as well as those in the defendant’s custody, so control over records held elsewhere is not a way around the order.
What if the former officeholder refuses to hand over the records?
Section 25-21,144 makes disobedience of a court order under this article contempt of court, with fines and imprisonment among the consequences.
Does this section require the defendant to pay damages as well?
No, this section deals only with delivering books and papers; Section 25-21,130 separately addresses the claimant’s right to sue for damages.
Is this order automatic, or does the claimant have to ask for it?
The statute directs the court to make this order after such judgment, tying it to the judgment itself rather than to a further request.
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: turning over office recordsbooks and papers of an ousted officerdelivery order after a quo warranto judgmentrecords to the new officeholderformer officer surrenders documents