When judgment has been rendered in favor of the claimant, the claimant may at any time within one year after the entry of the judgment bring suit against the defendant and recover the damages the claimant has sustained by reason of the act of the defendant.
§ 25-21,130.Action by claimant against incumbent of office; judgment for plaintiff; suit for damages by claimant.
Article 21: Special Proceedings and Actions · Last amended 2000 · Last verified July 22, 2026
In one sentenceThis section gives a successful claimant one year from the entry of judgment to file a separate lawsuit against the former defendant to recover the damages the claimant suffered because of the defendant’s wrongful hold on the office.
Full Text of § 25-21,130
Source
R.S.1867, Code § 713, p. 518; R.S.1913, § 8337; C.S.1922, § 9289; C.S.1929, § 20-21,121; R.S.1943, § 25-21,130; Laws 2000, LB 921, § 20.
Plain-English Summary
Section 25-21,130 separates the question of title to an office from the question of money owed for having been kept out of it. Once judgment favors the claimant, the claimant may, within one year after entry of that judgment, bring a separate suit against the defendant to recover the damages the claimant sustained because of the defendant’s act.
That one-year window runs from the judgment, not from the underlying wrong, giving the claimant a fixed and predictable period to weigh whether pursuing damages is worth a second lawsuit. The section does not fold a damages claim into the quo warranto judgment itself; it authorizes a distinct action, brought on the strength of the quo warranto result, to compensate the claimant for what the wrongful occupation cost.
Frequently Asked Questions
Can a claimant recover money damages in the quo warranto case itself?
Section 25-21,130 authorizes a separate suit for damages rather than folding a damages award into the quo warranto judgment.
How long does the claimant have to bring that damages suit?
One year after the entry of the judgment in the claimant’s favor.
What damages can the claimant recover?
The damages the claimant sustained by reason of the defendant’s act of wrongfully holding the office.
Does the claimant have to win the quo warranto case first?
Yes. The right to sue for damages under this section depends on judgment having been rendered in favor of the claimant.
Is the one-year period counted from when the defendant took the office or from the judgment?
From the entry of the judgment, not from when the defendant first took or held the office.
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: damages suit after quo warrantoone year deadline for claimant damagessuing an ousted officeholder for damagesclaimant recovery for wrongful office holdingnebraska quo warranto damages statute